The New York Herald Newspaper, February 10, 1857, Page 1

_ ee THE NEW YOR - WHOLE NO. 7468, HERALD. PRICE TWO CENTS. THE BOND STRENT TRAGEDY. imteroourse with his wife you; he was not married rannannnne understand 1, and do not no ‘ou understood INVESTIGATION OF THE MURDER OF DR. BURDELL, | "hee,nemade chat remark’ A. t understood Bim, ses ‘What infidelity om your part did ne refer tof A. I don’t that against me. TENTH DAY OF THE INQUEST. Oe eg OF THE PROCEEDINGS. | Sekel and Mfrs. Cunningham Again On the Witness Stand. _—s FULL, REPORT +t Bet could you bi we? A. No, the purpore of precu: Mrs. esainstan co tant ora? A. No, Q. I did not know but thet you might seas that term to signify th and are Again ‘ algo at They Decline to Testis) Imprisoxu MR. SNODGRASS Ags‘) KXAMIVED, BIOHLY INTERESTING TESTIMONY, &e., &. &. his wife? A. No. — What do you think be mean'? mean that you brought a woman into his bed street or apy other boure and used bis bed for of your own, with some strauge women’ A. »toulars of the mur- + half past eleven v4 street, the late resi- ‘The Coroner’s inquest into |. der of Dr. Burdell was resume * o’clook yesterday morning, a) om. dence of the deceted. Tho room |» ynioh the investiga. that you had tion is beld was closed off iro os parlor by moans wee rs r of a barricade or net work of ro) >, «nich closet ap the T think {t was sgpace usually occupied by the fo\o.ng avers. By this at Pap y ideo ey @ than anything elso, Fangement the audience were ¢>),"\.0J to the front parlor, | for objected very muv! me. thre back parior being occu tod «J 0") oxolusively by the K: i I thought he left nis property in your possession? Coroner, the jurors and the in: sof the press. The 'Q. She objected? A. Yes. Q Spectators did not assembie ': «:°. force as on the pre- vious day. Before examining any of ‘5° made out an order to the kee): ‘the attendance of John J. Eske! « ‘was given to an officer who war during his absence the Coroxc" tion of another witness, Upon «i dor the Coroner cautioned biu: + up,’’ sald be, ‘in a carriage, 41! egy person now who is in It, 80 «9 | the insults of the people.” One of the jurors was here 2a! pears, was froma friend ouirii. » questing to be ad mitted, The juror stated the to some of his col- leagues, and they expressed their wilingness to admit him, and the matter being ieft (» t1» Coroner and Judge Capron, they offered no objections, +14 80 the gentleman was accordingly admitted. (Qu tis potat Judge Capron said that be thought citizens nai « rig at to come in and It was not proper to exclude thea iuiss in cases of the gfeatest emergency. On this occasion, however, he did net Consider it necessary to close u» ‘he doors, and he thought the gentleman should therefore be allowed to come ia TESTIMONY OF ALLAN F. SMITH. The first witness oxamined was Ailen F. Smith, who, being duly sworn, testified as follow*:— Coroner—Are yous dentist’? 4 Yes, sir. Judge Caproa—You have been oace examined already, ‘My. Smith, and I will not, therefore, put any questions to you that have been put before. 1 id not examine you, ané theve.are a few things that | want to draw out from yeu. There are some that have bsen drawn out partially ‘before, and others that are new ani which we want to ‘appears from your former examination that yeu hadecen Dr. Burdell on the day preceding bis mar. der—en Friday! A. Yes, sir, op Friday. ‘What is the latest, on tha: day, you recollect having Bim? A. About twelve o’c'oux. was the time? A. sd vt twelve o’olock— ), | should thins, bet wees cwolve aad two. Can't you get more deduitoly at thartimet A. Well, ‘unde: the impression it was aovu, twelve o'clock. ‘Where did you een be A. In the laboratory. re the pointes \o «he working room of the parlor in which the Uoroner hoids bis was he engaged tn dotog? A. Nothing, sir, some money was out there; what for? A. I suppore and that was sli, os be frequently used Q & place of yours? A Yor, sir, right beck | ines ted to this room. some mouey? A. No, sir, 1 yeelf nothing? A. Yes, str, about @ long did be remain? A. For afew minutes; i money, « bill that I had to pay; I be come from when he entered your he come from down town? A. I from up stairs ‘a bat ri No, sir, be bad no hat on. ~snesses the Coroner (19 Tombs requiring * vitneas, The order of immediately, and voted to the exe g the offtcer the or- iv0we—"Bring him \s care you don’t let preserve him from bis bed, in his absence; was that it? A. not understand it exactly. something about that k: aote, whioh, it ap- name, and | do not know avy more. to that gentiewag? 4. I do not snow. in reference to these charges? A No. h you in reference to the Doctor A’ No, sir, be did aos. ou h the front door? A. No, a—-ob, 1 suppose you uaually—you came through \he i ‘ Q. Do you know where he west alter ne left A. I do Rot know, str. that time say anything about his osicula- on Pea ihe vomainder of the cay? a. 1 didnt eee Bim ‘after thai time. Q. How long have you coupled that laboratory’ A. Q. [eee tn your former examination you stated about O@ and on, sir, since October. eight o'clock? A. I don’t know exactly what time It was; S S"Gealsees Cab have cov asics wom nad on beers | "Guaitien nee Thee von hed the money, 6d the ‘Sh of ‘, q ime, when from Joly, | suppove, oF from tne time be went | poster say anything” you abou ha ars ith Mr, apn! \ Q. Well, when did he go to Maratoga? A. He wont Q taro, Ounadaghame, to mo sinoe the 28th of to thero al October said oy to you im reference to the Q Then you had oooupied the ii at intervals | terms on whieh she cooupied this whether she was from August down to that time’ A Weil, sir, locoupied | ijving here as croprictor or as j—anything of bg Ay A Da ir. kind’ A. No, str. 2 ou frequently sec tor Doctor? A. You, sir. Q. Has ahe spoken to you about the rent of the premises Q. Did be cail on or yu oo him? A sir; I | or about ber calculations to leave them or continue in WoT seldom called oo im; be was up stairs im his offse | them? A. Never said anything about it. the Thad with him. Q Did you rent from the Doctor or her? A. I did not rr ka is office unices Q vou was . You. Qt to know you Q. Have you heard her say an: ‘about ber oalovia- oneot aA. No, tr, net ohven; I'don’t resalioct of belag ia tions with the Doctor since October, for the future’ A. Lis office more than three times b tween October No, #tr. time of his death; that ie betworn the 61h of Oo a Q Was to come home before you @. But you saw him at other places? A. No,sir; Ihave | notisied of the fact of the murder? A. ‘No, sir, I wae seen him more there than at any other places. ited, Ce walene Q. And came here? A. You. }, probably, wnen there. Q When youcame here who did first see? water ee communica ve witn you in reference | think the frst | saw was Noo Coming up stal ry erent PtHT-4 Q. Were there men first came? A. Q Seat aay fi Sine to yo any of ne pA low soon after fs FY aimoutues with members family—ot 4 not . 7 ‘A. He bas oan of Mr, Saodgrass, 7) Ae ¢ ihe ont rs Yoardrttuai isthe atom you see Mrs. Cunningham during the day? A. I iknow Either of the elder danghters during i When cid he complain of that? A, Ttwas since Sep- | xo air r : sud calling tember sometime; I cant say exactiy, but it wassince | 4. Did yousee Mr. Kokel? A. Ieaw him up in the ' room. |. Was tt before the time that you had the most of bout what time? A, Well, I don’t know what time Dont of Tavoroveree wtih hie ta Oossher.. apie Di aia ly ae Sear anR Sen ° "| TG oe wanes apne? & 2ecare A. You, air; . Q. Was was the gas lighted? A. It was about How lon; now, do twat A. *olock. oghnr, et eee coateiome cher 5 cow the police oe i f = 5 i E Can ‘now form aay ctreamstances, or from the Q. Did you hear Mr. Eokel make remark? A. Ni forve of your memory give something wear what you be- | 1 dvi pot > ne ty Heve to be the time when he made that communtoation | What was he employed about, what did he do? A. 2 ES ingresnen usw epee oer minds ragard ‘that OO Dart that ai time of the day that we ir ov ime ou saw Pf A. The impression upon my mind im regard to weteten wonbaet’ &. I sew bim come wots ’, room, | heard that he had been stopped, and I wanted to Q. Yes, sir £0 Out; It Was told the Coroner that aman wanted to go officers were io ott and bis name was mentioned, and | felt @ little anx- . When was 1 dur 1s was known him before? A. No, slr said somethirg about it after that tine. under arrest’ A, Yes, sir. @. What war the nature of that communication’ A. QW did you nruslly get bore in the morning? Ho told mo thet Mrs. Cunningham had stolen a key from A hedno partioular time of geting here—aine, ten, or Q. Woll, what more? A, And that he bad lost some Q Hed you jan BN ee Le never seen him uw that morning; re was ‘This, now, Fomember was aftor Ootobor | man standing hore, sir, (pointing to a dintano ‘And ou Septem! \ | heard was man who had the birds, Sadge Uaproa—Thak was quite an indefinite answer for | jadged by that that ‘het wan too come an os tending to the birds. iy? A. No, sir, Q. OF see him exert bie etrongun on any occasion, in Py EA other way? A. fo, strat only judge trom man's size. A. Yes, Q. Who were tho [ootor’s assooiaies who used to come me to go op and sen frequently to see bim, more than any others? a. Woll, I the expression ‘violating his don’t know any particular ones. Q Had he no confidential friends—no associates, who what I want to know. Well, will you not | wero with him? A. T don’t know. oan, the ctroumatance to w! @. You bere and being om with hi it boa ey A. I will toll | would know that fact? A. [knew very of Dr. Bur- to look after Dr. Burdeli’s business when | dell, str, outalde of the profession and when be wae away, and afior Q. Well, tn the profession would you not matural!y thee were made ansooiate with being in his employ ment comaiderably? they in reference to Mrs. Cunningham ’ A Om bia business. ; . business connected with another natu. ot is what I don’t understand. You know rai alan into Soe Seen A, You 90, Dat It was got go, violating bis bed, I understand that he bas had improper Now, he mace this charge to therefore [ know, unless it was that Mrs. Cunnisgham had mado What do euppose he meant to assert A, That I bad bad tome improper deni. Q. I must confess there is some obscurity about that. Well, I wili ask you thus:—Do you mean to say that the Doctor referred to the fact that you bad used bis bed for ‘an abortion agon the body of ve made use of les. It was tn conneotion with an abortion’ A. It was im coapection with that; that ls what Dr. Burdell told me; Dr Burdell told me that Mrs. Our charged me with violating his bed, aud game time causing eo abortion; I didn’t kaow; + sage asinaeies something snout the charges; that was Coroner—Did he not mean to imp'y that you selpt with eee ee asked bim that question; he said so for Judge Capron—We will put tt in thisshape, Q. Did he from the fo, str; I think he meant that probably something of the kind was Q. Loan conceive that Mrs. Cunningham might have }. 1 thought you bad the care of his room’ A. Yes. Q. She was unwilling that you should remain. here could Q. Woll. bad you any oifilovity with Mrs. A. Not personally; n0, sir; sbe wanted to talk ne ‘that, as near as you recollect? A. I think acme Dame after me tke “* Lot a nee ee et eee? A. Well, I thought nd. Q. Weill, explain tous? A. I krew'a gentleman by that Q. Well, what circumstance did 5 ou refer to in re‘erenee Q you not take an ides at the timo? A. I did mot. Q Did you subsequentiy bave a copvereation wiih her es | understand you, had com- thought tbe views of Mrs. Qunniag- ther she wanted bim to marry her or ‘preas to you any fears of his persona toto that laboratory without coming T mi, front door? a Did you have any conversation wh Mr. Eckel? A, assooiate with him much out in the streets, sitting con @ time among the jury./ A Jaror—Lbe jury agree wits he Coroner ta his ruil: about the counsel sitting with ine jury. Another Juror—Tne jary fully agree with the views 0 the Coroner tbat 10 counsel shovid be preseat during tho te. A. Tbave seen Dr. Biatedell cali im, and Mr. Fraser. A. TEL 70s knoe muatins hoe, ne Ene A. Tbe they were; I bave known Me, Fraser. Heve they | You can saswee that Fitperte 0 00 recollect eveing him theret A. Mr, | moment it ts bot Lecessary to take «long time; ‘rasor to writing? Q. Yes. A. I don't recollect the day. na by hy * B. la reference to day of bis death? A. I could he Judge—Trese wore found io Mr Rokel's not eay, sir; | have seen Mr. Fraser ome there, Q same day? A. Before bis death; { could not aay exactly when Mr. Fraser called bere that they were his or were not. The Judge—This witocd thinks they are uot in the Doctor's handwriting. we tyitness—ibero in one there which I think is im his hand- ing. ; [ike whoces was here habded a receigt.] Judge Caproa—It is very important if they were and were put into the hands of Mr. Boke! typ Mira. Cunsing: tam; it isa very remarkable ‘The Corener— Do you ae Ubreet Q. Did you see Dr. Cox that day? A, No, air, Q. Within aday or two? A. } did not know him. Q NOS aa OTE EL eee “e Ts that the signature of be, Burdellt an Q. You caanct mention any other but those two indtvi- bP py, el ne duals whe were frequent) the Doctor? &. fof thein—tue Are all in on» handwriting the whote Dr, Roberts bas onlled; tere ight fvome fw others [ proot * O47 sad the Well, we bave 00 1 dow’t know; I recollect these consiag. sot eee The “b's” are something like his, but I don't kaow or Q Do you recollect of being in the house upon the 28th ‘The Corsner handed witness bin Gepouinons to aiga. Judge Capron—cet Doctor Bi come in [The papers submitted to witness were those found in the fenrclope i Koko! 8 vosaession 5 re those just niluded to which were iineas, “A receipt, worded as.tol- am $36 30 to secure m inst Wi (Q. Bo you know whether you was here in the evening | iimcaron autsignctin here? wt egy fo of Gatdar? A. No, atr, Twas not; | was never here im | | ‘he shove int bo aces handing, and marked oa the evening. le Jame! G. Doman semamver sng the Dootor the next another worded thus tog? A. Teannot recollect now, str. rennnenee: Q. Do you remember of any conversation with him the 884 50 Received, Now York, Ootoder 8 1856, eighty next morbing fo 28th of Oolober? A, Teappeare | $10"! dollars aad 30-10), om account of reat due Noveumber to me that the Doctor waa away. Yat. trom Mus. KE. A. Ouns —rent at the rate of $300: Q. Upon the 28th? A. Yes. a year HARVEY oUKD ELL. . . erareow seeeroee. oe Q do you think he was? A. I think he wentto The above ia backed. “No. 6—G.W B—J C." Saratoga. ‘Ube folowing document ts in the deceased's own hamdwrit ‘ ing, and is bucked: "No 9—J, W. D.—J. 0 4, Harvey Burdeli, of the ‘cliy and county of New York, belg duly sworn, depose end ray: that be has noi up to this ,preseat day, Gctooer 18 1866, made or executed any will or (éalaanent, disposing of his property at his death or any portion of (t Incase any wil or textament should ever np pear previous to this date (Get ber 14, 1866) the same I pro ounce to be an urmitignted forgery, a vey avan ‘Ihe following note is addressed on the back — OLE OLLOLE LONE ALOOODOONE Christopher Hempsted, 3 Flatbush, 3 ; Recessanacaral ve us the cirooumstances, if you have , that leads you ar tava 3 L. I. eatiasenocend fond fe in Mra, Conningharo's handwriting. Dean Bxorwen.—By request of Mrs. Simonson, I write to teform you that George died yesterday, ans is to bo buriea to morrow morning at 2 o'clock, and they would lke vou to Attenu the funeral uf conveniemt. My ieve to the children, snd belteve we your friend, A. CUNNINGHAM, batureay, 2a. Backed wih “No. 3—G. W. B.—J.0." In couni@eration of seiuiug the two suite now pending be- tweeu Mre B.A. Cunningham I agree as foLows:— Ist, 1 agree to extend to ars- B.A. Ovnningham and famliy Sriendsbip through lite . 1 agree mever to do or act in any manner to a vantage ot Mrs. EA. Cenulegham. ote Bd. In case Tremain and occupy the house $1 Bond strom ae ose anes) ate Tn? | SEEMED tao abe dome \oakese epates: perme tnaeen oemes ohteter one pat e date whan he wont tue Arsh time: the seoond | atta ment (bee aiao creased oUt) atthe ris of $00 a yen. eS eee et re It, mot thinking it Thin is m a Ne 1g. W. DIG. i i bey ey wy réethetia Cyan Corny of New Vovl as <iarrer Burl! of ald wish anet bs loner taneenr ated ooh A Bay andy cee er aera ae ye Pg your | vy us, mA. Gunn’ gham, dated qu of aboul the 12th day of heat ery aged wat leads you to reco! Me coe wal baw Dah he ony corn acare one 00, FESR meee Barat to ernest part of the Wook was lithe early oF the tat- | isonet tbat tie same wan wot niguea oF iat Part . . nent. of paswed by him to any other person. Q. Doctor, could you tell the name of the worn to before me his — day of November, 1866. the powder’ A. I could not tell name, ‘This paper is maraed at back “No. l—, W. on” ‘This sgreemert, made tbe With day of M one eight burdred and fi Joundell of the Grst part, and kh. a. C part, witnesseth that the auld party of the tirst to let, and hereby does let, nd the said part has agreed to take, ‘and hereby does take # part (here four ur tive Hues are erased |for the term of one year, tocom May, 1666, and to end on (ne first day nd the eaid party of the second part hereby reelf away in October, Doctor? A. I ther I was during that month or not; kome time. part has agresd party ‘ot the. second the room, epects ot Bag. covenants and: een to pay unto the said of the first Whether {a coming in, pact the aopual Feat or sumof eight hundred doUacs, payabie an inte of seven srterly, (here one or two lives are erased; and to quit and oocastoned Btation to surrender the premises ai the expiration of the sald term, in as cod sate and condidion as reasoned ¢ use and wear there of will permit damages by the elements exerpied. And the seid party of the #econd part further covenants that she will rot amign, let, deriet the whole or any part of the said premises without the written conseot of the said party of the taken by the courts, If be deems it no Diet past, under the penalty of forfeiture and 4 either subpo-ne or imprison, just as he that dhe will not occupy the ald promiece, wor permit the that there is no power in lai same to be oceujied Tor any bt deemed extra hazar otherwise. ous without the ite consent, under the like penalty. “and he ead pa seco! further covedania that sl viii tae ent je wri permit the aid party of the, rat party ‘or bis agent to ment i show the premises to persons wiabing to lure or purchase, acd who knows probably the individeal who called on and nile tbe ra day ot February next, precoding thee powder’ ‘ea, air. ‘ation of the term Wii permit the usual notice of * to let” Q Whois? A. Dr. Blaisdell. Flor sale” tobe placed. upon the ‘alla or doors of wail pre poy mies, and remain thereon without hindrance or. moleaiab /Saeee id alse, Win ih sald premises. oc any ass theca aha come vacant dur term, the aa u Q. Doctor, a8 to thie 28th, do you mean to be under. | jar inay te iret the same. either by force or otlier wise, stood De. B i wont to Saratoga om | » ithout being iabic to any prosecution therefor, and re let that day’ A. He might have gone | the said premisesns tho agent of the said party of the second id receive the rent therent, applying ame firet to ment of such expense ae he may be put to m re enter ing, abd then to the payment of the rant due by these pre. sud the balance (if any) to be paid over to the said party ie recoud part And the said party of the second part hereby further cove rats that tf any Getault be made iu the paymemt of the said rent. or apy part thereof, at the ‘above specified, or if de- tault be made in the performance of any of the covenants or Acreements herein contained, the said hiring, and the reiation ot anciord and vant, at the ton of the said party of the determine; and the maid party Lond may re eater the Aald premises, and therefrom: and the said party of tho second aaly waives the service of any notice in on to reenter, aa provided for im the third ‘An act to abolish dintress for rent, of linker the 28th. Do you say ection of an net entived the. tooth powder’—did you put that on the 28th? A. No, I did | gid for other pu aswed May Li, 1546. * pa lata: ¢ dais In witneas wher go, ts parties to here presente hare here. ). al ’ 7 re unto ir jay and year Oret aoove was @ person lod for'a box ef teeth powder anmewtore writen, MRE. & A. CUNNINGHAM, |sA1.} aboot time. Sealed ont dott bye tht LY panna SEAL . ed aut delivered in presence of ——. Q Well, I inferred that you went upon the 38th? A. | If ts\etrnd hetmeen the ps ries to thia loaae as followa:— MG [Otthe Baint "A. Yo, Teoald not say exsctiy, | scinad phone nunares Solas for keep tie toon re —I have it here upon the 28th of October, or | ser d by eal party of the first part clean aul in good order, and to make th: inite fires daring the cold senson, and about that time’ A. Yes, Pee Serene a SE he Doctor wes oemey?t a ea, 9 Wash all the towels or napking used Dy said party of the first part tll the end of the term of this lease. ‘The party of the se: cond part agrees not to put np any alm. door plate, or paper ‘on the outaide wall or door of paid premise 2. In case the rooms are not kept clean, &c.. aa above speci. thal ho went before; that Is the statment, I think there and to the eatistsetion o! the party ot the first part, be, the ety of the first part shail mot pay, or only pay for we = & ee Sere eh altenton line been given aa abo re. in Doctor . dactory manner, to eaid party of the lirst part The roma @ he bas sald at aay time to you, persons wepttwie a work a edonce aday windows to that he regarded as enemies’ A. No, sir. g Adare —Did you regure Mrs. Cunainghem as 0 friend A Jcror—Did you rogard ber then as the reverse! A. Yee, str: i should think so Caproo—io yca® whether he was or was not saxious to got her out of this house,about that time? A. a, mr. ‘The Coroner-—Dr, Burdell regarded Mrs Cunningham be washed once » month. gr » be washed onc y, and fires made as often as necessary, bed to be made every morning. \. The Croton water tax to be paid by party of the first, and the bill for the ‘used 'o be paid for by party of the second bart. Croton water fixtures to be kept in repair by party of the tirat pact A.B Aa (RBAl.] RVEY BURDELL. ‘sea. harvey Murdoll, being note was given ‘to bim igment assigned to ber as an enemy ds Pierrepont, Keq., amounting to six handed and Judge Capron— Md you hear bim say ool > couks. The eore ference to ber out of the gets an dared Sco. 12. 188, having be your run, Tee. 12 1865, having one year to terest. payabie tomy own or ter and slamed Mi yham. Paid note is id terest to me, pro land void, and of no eifect whatever, should #mid note appear hereafter The note waa not endorsed by me, and is hereby oancelied and of no eflect against said M a. Cunnin | OF ABY One eae HARVEY RURDELL. Subscribed snd sworn to before me, this 24th day of No vember, 1866, C.F, Avvoun, Commissioner ef The above decument is in Or Burdeli’s own writing, and is docketed at back—"'No. 2. KW. , Snyder, of Saratoga worn, ays that he became a ¢ Hail. ware. by Q, That was the Wednerd to his death? A. Hither Tuesday or Wednesday; | could not say which Q. Well, what you there pepers’ A. He drew my attention to the aig- atures of the papers, and asked me if I thought they aco unit ey Bi Springs, in the summer of 1°54, that Dr. Burdell stop ped At Congress Hall im 166 and also in 1806, that deponent was the beok : thowe seagona and beeame That on the thirty- could be counterfeited; he showed mo one paper in par- of eta waa st the Marvin ‘count , Kept by deponent's Snyder, atthe ¥1 bey yf Saratoga. FPR Bartell e om the evening train of cara f ard Ajveuy, that Dr Barde)! and deponent on meeting him and asked him “Where do you halt from this time of the year?” Dr. Bure replied “Prom the West 1 thought I Id stop here wud aia fu This was on Friday ¢yening. The Doctor then stepped up the register and wrote bis name in ponent stood looking at ale; that oame pow stands in the iret Dr Burdell did fn Howse til Monday and thee left ADAM. SNYD® ed and sworn the Ah day of Pebrunry, 1867, before the Peace neder Subse! me Jony BF iiisiaw, Justier ‘Thia indertuse, made the 12th day of December, 1865, be tween Edwards Pierrepoiut, of the State of New York, party of the first and Mra. 5. A. Crioningham, of the same Place. party ofthe second part. Whereas, the said party of the first part on the Zid day of Febrnary, 1866. recovered by judgment to the Supreme Court of the State of New York, on roserdings commeneed by at'achment agaist resident of the vate of (bio, the eum of $1762 <4 of wich #1150 54 has been patiafied of a jndumen: iu favor of Willem Hurdell against Harvoy Bordell, remaining due me on said jndgment. in f vor of said Réwards Plerrepent the sum of $612 9). to him d paid, bas scld, aod by these presenta do assign. the sald ment apd ali sum and sume of money that may be hed or ab tained by means thereof! or on any preceedingn to be had And the raid part ot the first part do hereb: thereupes y te ‘7 of the wecond part. and copatitnte ane! her assigns power of subsuitntion and rev per com and charges of the sai + of second part conurming all that sald attor n the besiness, and anid to revoke, herehy rai ney or sibstitate shall lawfully the #uid party on tbe bret rari nant that there ie now die on the snld judgment, he ed and twelve thirty conte J Dt eo llaet OF receive Macharce tar Jedame nt fawtu! proceedings éin, the said party of tof the first part hagtclcas of ad frem aay costa inthe pre: ee Je Witaess Whergol jus pariy Oo: she Gem part bys acreunio demand and receive. and to auc ou! executions, and (ake all lawfot ways jor the rec of the money due, or to _beecme due. judgment, and on payment tisfnetion oF discharge the | seme ¢ more under for | the puirsose aforesai|, io mare and substitute, and at pleasnre | Coroner, naying, © Ver, st his band and gen, the day and yoar Grat above written. ‘On thir Ofieenth dey of December, one thovsend eight hun- dread sad fifty-five betore me pervenally came Miwards Pecgnes. ‘0 Ly tol bow he looked, but I know by seeing btm that I wot recollect him. Q. There were & number of gentlemen in the room whom you picked him out? A. Yi & bide te gy out the reat’ A. Tes, sir. ws ‘om these presents enail come or may concern, aro*tng:—Kaow ye tant 1 Mrs K. A. Cucningham, of tho city und county of New York, for and in n' of tae aum ef ope dollar, Inwful money of the United Sistes of Ame Did'the two go out together? A. All three weal aff te- oy, the daughter, the mother and tbe gentleman. ‘Q. Was that the daughter called Augusta? A. Yessir, Ax roa, to me in hand by Harvey Burdell. of thecity of New | gusta, York, bave rel ‘and forewer di med and by Q. Now, do you remember on the day or the eveniag whow there preseote dn. for her beira, excoutors and ndmiaisirators, | they were with you, whether you sold Any goods to Amy one of and from all acd all meaner of action and actions, cause and | of ‘and charged them! A Nosir, I cannot remember cunsee debte, duss. gums of r, accounts, = far as that. T know it was very Mate in October. Q. Do you think It was as late sathe 25th? a, You, [sae sure it wae near lo November. Q. Have you a reoollection sufictent by which you 20 SE whether {i was the fore part of @ week, or the later part ef @ week! A. [cannot recollect #o far ae that, A Jurcr—Yon bad better look over your books whea yew get bome to the sere be purchase 1 Are teiranyihing about tte Fe ter 1 was playing on the piano, ahs seemed to be interest- ed in it; Augmata asked me to play and sing toher, and Mrw. Gumpaun een ie blo die gerfemas hae, ah vu [Oo io my house business and that I should set low their being in tbe room to faterfere with ma. ction. stilts, mousy: Feckootogn, ood, ita ‘apectaliten coveaacia, courts roversion ngreements, promises, Variances” tresparse: br a rxteote, execucions. clattna and demands ‘whieh 1, Uotobver, inthe year ome thousant eight iealed nad detiveréd ia the presence of i (No signatare.) (Beal) FURTHER TBSTIMONY OF DB. BLAISDELL, - Zak Tou need not sta in the room? A. Yea. This witness was further examined by the Coroner, as fol Mrs. Cunni that request to yout A. Toa, lows:— Row wea sok. clroematsues's itl unusual fore eed: Q. You will consider that you are under the same oatht A to. come into the store and make such a request te yout vee A. It did not apy to ma, beeause she was . Q. How long were you aoqnainted with the late Dr. Bur- dell? A. Nearly seven years, ir; it is between six and seven years since I have been persoaally acquainted with bim, Q. Were, you ever in partnership with the Doctor: A. I have beon in @ partial partnership with bien. alr. Judge Oapron—Afier the covciusion of the partnership, in what retations were you and the Doctor? A. No other réla- tions, excepting a» friends. Q How often bave you come to his house during the last monihi A. i think I have bees here only three times within the last mocth Q. And was that as frequently as you came during former months’ A. For the last five or six months I have been here but very lutle; the Doctor has been to eee me much oftener than Lbave been to se him. Q. When did you generally call, was it in the morning or in . You ‘not suspect anything’ A. No. iyDid she make any ocriht’ Wo porches ba aiduiaueaaild 10, wir. Q. Who cise was in thero attending to the shop at that teas? A, Nobody; it is. private business, and there is no stors, . Did abe sitdownt A Yes, and she sald she bad come to Waitfor a gentleman, and of course I had ageing It; she eat in ‘be back parlor, as we have no store. 'Q. How leg bad she remained in before she made quest that,you should emertain her with music! A. away; afew moments after abe sat down she asked mo; om soon as the geutleman came in the daughter took my place and played, and I ant by her side. Q. So that you could not overhear the conversation betwoem Mra. Cunningham and th A. No, air, Cooma her nothing oft; 1 remember when they ‘were nearly pro~ hoe the ae 1g the day, sir. ared to e to give her a ziase Q. How long in the evening did youeall to see Dr. Burdett | fer. tle ‘and on my retuen © A that laa very dificult question, T have bees kere several | ‘ourd they were ll threa mn wot. and. talk ng almastiy t- gether, but I did not know what they were say! times i the evening Q Recollect® yourself? A. Ihave generally called in the enely part of the eventng, and remained with him some little time Q Wher did you last see Dr. Burdell’” A. On Friday leet. . At what ‘clock: A. It was nearly & quarter past four when 1 Q. Who was in the house then? A. That I cannot tell. T saw aay one here, aningham's Uc Can you tell us which way they went waen they tole A. No, sir. Q. Whatdid they say! Bid they speak of where they wore going! A Novold they did not sey yehing at ail ab oat it. . When they first entered she “Al the things are rightnow?"" A. No. that was when they were going away. . Did she say tt was with reference to the papers, er amy- thing else” A. No. Q. What kind of papers were they? A. Tthink it was om blueish paper Q. Do you remember the piece of music thatyou played om that evening fore? A, Leung ploce for her dat {loaruad 6 long time ago. which made a pretty considerable Tt wes middling Q Kemember, sir’ A. 1 do not thtuk exeepting the members of the famfly—Mre. Ou faanlly— vot the 1ast me I was bere on Friday. Q. None but the members of the family? A. T do not think T saw any one here excepting the members of the family, 1a: iiiat you are poslive of! a, To not think Tdi the me. Q. id you not see the Dr. Cox here? A. Not the last time; 1 saw hina bere the firet ume, . What o'ciock wast’ A. Well, eir, It was between ane two o'clock I sbould judge; it have been @ little jatec, but my impression is that it was between one and toe. ‘How many members of the family, or who were with the Doctor, when you left: A. None of them. Q You knew they were in the house’ A. I saw them; I aw Mize. Cunningham and I thiok the eldest daughter; I am not Wil dequainted enough with tem to know, Q: Wasa gentleman wit hem: A. i understand then frofi your reoly that you saw Mrs. Q. Wasit an alr or tune noise? Was itroftandiow! A Q. How washer playing an to loudnesa—to your owe an te louduesst A. the played polkas and auch dhings. Q. Did ane play louder atd heavier than you? A. Ghewtag~ edheavier than me. Vid abe ping wo heavy asta excite any recollection of fact in you tbat she must bave had some objectin at A. E net take any notice of that. eyousince had any {dea of thai king? A. Me, airy think you could detect those papers if you . A They’ were about the length of @ wheet ef Cunningbamn, her two daughters, aud two boys! A. Loaly | fooiscap. aw one of helacs, Mrs, Cunningham end Misg Canningiam. . You did not see the inside of them? A. No, sie. Q. The last time’ you were here what wast: A. ‘Were there any seals upen them? A. ithinkthere waa Nearly half past four, ad not sou an appointment fo meet the Doctor at 7 o'clock: A (We made an appeintment to meet at 7 o’clock. By the Coroacr—What wae the that return! A. My folks did not want me to go out in 1 lett some folks in the house that everiag; I ‘ime when I got home. Who were those friends! A. Mr. Whetmore and Miss upon ts em at tbe top. handing ber asheet of white foalscape A. inia eng h but blue paper. le of themt A. No, Lot see the air. Can you tell. If there were any seals upon thea?” A. ft was bive paper; I was here the day after’ ale told me seuae- thing about a piece of music, and 1 bad forgotten the same the music man, and | came here w the daughter, and her to give it me. to the Q Where did you go y twg the house? A. | Q. as there anything that occurred in the house that you. ne Taek did vou stay at home’ A. Until the next | °° ipid sou cee any gentleman at the house at the time you F 7 A. i morning at about half pas eight, which ts my usual Bout for cope haplt "Sst xo ABR 2 Did come ti Lf 1 ol Q. You did not like to gout at nigh? Yo atratd, | A icemo intone paren. ne PPer P perhaps, of be ‘A. T was pot af rs S. ie you ced, 4. Fe se; one there 2 fear 06 K is city, or any city, auring or day; WS is set ee see otras Q im bis conversation with vou in this house at etter eriods epoken of tell you that he drew Oe bia Joall spon the figoter on that day on private b pature? A. No. air. xcepting just now. emiapoo him for: A. Tt was bu- aly at now, & Bave raped since until to-day? A. No, air. wa tineos in reialion 0 Lr Cox jave you seen that lady since that time to bave eng eam- When Sud yon, iret Tas murder? A. On Bunday | versalion wilh ber—since the lime: rbe calnetoyou A. ae morning is reading the Hen ann. ‘Q. From whom did you hong it (Laughter.) A. I saw it in Whe HikkaLo. im whe meruing. pci; Bo 20u rememt-or the Doctor going to Saratoge in Octo uae Fogg, w! before. S. "Was anything said between her and you abou! that ia terview at the house? A. No. air No reference . No $ Do you rewember how this ‘now nothing shout that except fom Mr. B.C. H. ho in with me in busigers; T know he waa here to nee business, aad be informed me that the Voctor Was going lo Saratoga. Q. What day was that! A. Q. Who washere: A. Mr and anawer tbese queations. Q. Un the Z7lu: the Doc'or was west at any raie’ A. Yea. Q. Yon have ascertained from ais inapection of your pavers tai dant that wag cor A. Yen from papery thet were serven Upon ime on ‘he 2th, and i! was the day before. Q. When wil that other geatieman (ar, Fagg) be here’ A. [ expecte:! dim bere before this; be had some little business dowa town, but he promis! me faithfuily that he would be here aa oon he he could ei: he would bave been here yesterday but he could not get past the door; he ix a very mperiant witness, mony abonttibe will. Jou remember about what time a customer ca‘led here. of 8 gentleman (0 get eoma tooth pewder of the Dostor: A Mr. Prag ceme for it himaent. Do vou k \thing that you have mot stated already wiate of feelir g existing between Mrs. Can- roid shorty prev ions to his cieath or a! the s friendly oF adverse’ A. Decidely ad- Q. Did you krow this from both of them: A. Well. T can- not say tat 1 knew tt fem Mrs, Cuuningham only from ap- appenrances Q Did ber appearance Indicate that? A. It did if T may udge from physiogpomy. & Q Tguers you are’ A. Tam satistied she heard the conver satlon, and abe leoxed pretty much a4 1 should look under he A. The conversation and wishing me to . and rootn wich him. nnningham heard that? A. ( should think H sclor heard it, and ehe must have. ‘The Corcner—AMl that 's already in evi Judge Uspros—How long was this prior to the Doctor's death” A. That was on the same day—on the day of his deatl; he was in my store A Joror—You stated About ® man being here who was out of the city? (vane) A. 140 not know how he could get out to it? A. No, sir. genUeman was dressed. you rememper what kind of hat he wore—whether & lal or a cap A. It was hat, I think, aod I dink he was dressed Q. Did be bave a shawl? A. No, sir, he bad uo shawl, & Was not cold enongh for s shaw! @. Ca you say now from your recoileetion of that circum: a ether be waa dreaset parvoniarly neat at that time A. T think he was dressed like « regular in the 27th he was here. agg, be will be here himself gentleman 'Q. Dressed up ceatly? A. Yes, air. JOHN J. ECKEL AGAIN ON THE 8TAND~UE GSPUGRS TO TESTIFY. ‘The Coroner directed the ollicer in atteadaace to being a this person, who had been acnt for to the Tombs sometionn previons. Great curiosity was manifested by the spectaters te catch a glimpse of him, and every aye was turned te the door ansiously expecting his appearance. some minutes elapsed when be entered the room accompanied ty Captain Dilke and other officers, and took his sent tm the dental chair which had heen appreprinted to the witmew fea during the investigation He looked somewhat paler amd more careworn tan on his previous examination, and we ee tied that his hands shook and lips quivered. ie was ext- dently unnerved. He was atiired in a dark frock coat, Grae trowsers and heavy boots, and held in his hand a fur eap, which was a rheet of foolseap paper. After an interval of @ few minutes, the Caconer rose and ad. reemed him as follows “Mr. Kekel, you are here for examination, and I must tell that the law gives you the option—the power to regia eationa of the jndge, or that anybody else puta to yom, ron According to my view of the law, whether of the Btate prisnn, oO he protected from answering or not depeuts apem Judge Capron—Itia term of sentence has not, then, expired? M4 A. My tmpresaon in that he went into the State prison in Vir. | the relationghe holda to these proceedings, If he bo here aa ginia for grand iarceny, and I Wink bis sentence,was for ten years A Juror—How often have you been im this house previous to the Friday of the murder’ A. I have been here very fre quently. 1G. How often in the eourse of that moet? A. T was oaly there in the month of January three tines. Q. About what Ume previous to the Friday of the murder? A. Some two cr three weeks before asuspected party, of course he will have the right of am ae~ enned; but if he ts brought before this jury ass witness, them he only bas the rights to which a witness is entitied, white are different from those to whish an neonsed is entitied, A party is not bound fo answer any question whatever, whether it will or will not affect him Hie has « right to send Q@. How came it that when ou Friday night you hadanim. | @¢- But this is not so with a witness. Whether portant meeting me him that you did not come tohimon | he may refuse to answer questions without incurring paturday’ A id vot come on Saturday, it wae @ very punishment for contempt of court, aod hus ehne dl bad day, 4 1 bad business down town, ‘> rainy aod bad day, and Thad business down town, and re | teat ty ‘mprisonment for sth’ contempt, depends with im all night! 12. You did uot intend to come and al A. ftoid him that Tt nid epend the evenog with him. Did be ask you to spend the night? A You ©. Look a ail the signatures to these papers (handing them to witness) and ‘ell va whether vou think (hey were written by Dr. Burdeil The papers alluded to were the following — A note tor $46. aration that up to the 18th Oowber, 1866. be had om reement to extend his friendship, ae , to Mra. Cun pirabam epd ber {amily in consideration of the setement of the t¥o sults pending agsinat him “A thdavit of Dr. Burdeli pronowocing & note ioat by him for undred aad odd dollars, oull sud vold as against Mrs. upon snother question, which ix—can be answer withows tre peaching himaelf’ If he camnot anawer a question put with out impeaching himseir, of without giving testimon y that will tend to convict bim of acrime, thea he hase perfect right te refuse to answer; but if he can reply to any question withows that conseuence following, then he has no excuse for refan- ing to answer, and Lf he does he is liable to be pucished tar contempt. Now, I will sak the Coroner, therefore, whether he has called Mr. Kokel before him as an accused party or am a witnems, The return suyx, as I understand it, (hat you oalt him’as a material witness and also as & party implicated. Now, yon can call him here in elther capacity. Coroner—tI cali him here aan wilness. Mr. Clinton—That part of the return was regarded as eur- plusege. Judge Capron—No matter, I know nothing personally of what has taken piace only from what I have read to the news I presume the Judge waa right, and we arc boumd . Com for the house. for ), alaned by the Doctor dated from Ath Oeto- ber. for rept due on the Ist November and a receipt to secure Dr. Burdel! sgaingt any lose pou a note he had to collect with no sanature. The Witnese—The whole of the bodies of the inatrumenta, logether wilh the sigustures, are in the Tootor's handwrit he Coroner—Waa Dr, Rurdell inthe habit of carrying large quantity of money with him! A. No, air. &. Did he teil you that he had gone to the bank on Satur. | Papers. day, and gots large amount of money out on Friday’ A. | to regard it In that light'so far aa he can bind ushers, Buthe No, ‘si poteter © Misa he tell you that he was going to Jersey City? A. He ‘ontrol the Coroner in any respect in the discharge @€ tid aot; Dr. Rardell was ® man who never carrie? much tien, in any place or under any circumstances. A money a ule inderd EVIDENCE OP MISS EMILY SALLENBACH. f worn and examined by Judge Capron.—Q. Where do you liver A. 578 Broadway. Q. What is your age, A. Righteen years neat March. Q. Do you know Mra, Emma A. Cunninghem’ A air, T koow Der ag a customer of ovre ©). What ie your business—what do yon trade ta net a business 1 ee wh my mother Q. What is her business’ A. Corvetmaker, ©. Do you remember Mra. Cunningham having heen to your place wihhin & shortumer A koow that she came last ur bewse wha ber eidest daoghter, it was a wisbe! (o wait for @ gemueman rabeaa corpuacan either remand or discharge @ prisoner, and be (the Judge) has a right in his order te state the ground upon whiek he believes he acts, but having done that he bas exhansted bie powers When that party comes back again before the Coromer, he does so as though be had never been b before the Jude to be examined, fae a witness, or ie may stand mute, if he chooses un do ao, if he be a party accused or suspected. The only ditference be- tween the two relations is that if the party stands before tte tribunal as an accused, he has « right to refase to say ang~ thing, whether it will impeach him or not, and stand mete, And call upon the people to make out as good a case ageing him aa they can, If he & brought before the court ass wit- ness, I will, if the Court so direct, examine him; and it ts for him (the witness) to say whether he ean answer without lm. peaching himself. If he says that he camnot——— Mr. Clinton—I would suggest, aa there in nothing before tho court, that I do not appear here ins professional character. Judge Capron—There is something before the court, aad hat in whether thia person is a witness or party. Mr, Cliaton—T shall take no part in these proceadiags, bat I would suggest the propriety of going on with the \usinees, you have any. Judge Capron—The question that I have alluded to i be Ore ua. Yeu. A. Thave 7 gerber, but aa T waa olaying the De pot bere what they were oying. OF Went ‘inne wes thia in Ootober’ A, The last days of Oc. ter, for | remember that we had to light the gas aa soon aa the came in ‘O. Sia came there and waited for ® gentleman at your house: A. Tea fir ‘G. You dl wot hear Ber conversation? A. Mo, sir. T conlt leniy beard bor say aler she was preparing to leave, vy are riyht wow” that ia HT remember. what me did she come A, Between 6 and 7 ' A. About baif an hour. in the meantime” A. You. . How mai rs did he exhibit? “A. Teannot say; f ane ba a usage Mr. Clinton— You, as being Judge, will judge of that Q. Were they haif sheets of paper or smaller than half | Judge Capron—I would make these remarks as sdviasiory sbectal A. | think they were ably larger G. Ware they contain jn aa envelope, of hed she them in ber hands’ A. i think she hed them rolled up and put seme- where in the pocket, there Was not an envelope on Rea Q, Should son know the papers if you were to see them! A. t should think I would Q. How many papers were there? A. Two or three, I think; T cannot exactly tell Rew. if you please, give to the jury, as near as you cad, a description of thia man A. The only particular n 100k of ham wan ug about hi and hia eyes. G. What color were Me even’ A. Toannot exactly tou, be- eave ft was jark in the room, but there seamed some- thing so fanny in his eyen. Q Lo youthing, if you ware to see the daguerreotype of thet man. that you Would recogmiae him’ A. fthink | abould. Would von know ube man himeeit if you were to see show rover called an officer and directed him to com! uct ‘this In¢y to the ape ut of Boekel, with a view, if possit'e, to Centity im. The witnes® retired with the eicer, and aberwiy after returved. ¢ staging ler seat ahe addreeant the it a the gentleman who was at to the Coroner. We have cailed this man here for ike purpose of examining bie, and I (eel that I am strtetiy correct im ay position. Of course it may turn out that be ie guilly or net gailty The Coroner—Gentiemen of the Jury—I need not say any thing further on the subject than that [ staied my impressione to the court, and they remanded Mr Rekel a8 an important witness, and ax being connected with this crime. T then say now that Torder him to (iil the ome capacity, that as a witness, ‘and if he wishes to anawer there is nothing further Jodge Capron (to the witness) —T will ask you a few quse tions, in relation ‘0 thie mation, (Mr. Eckel, whoee eves had deen steadily directed (0 the fur cap om his knees, raised (hem to the Judge and appeared greatly aghated ) Q. T would ask you,Mr Rekel, when you inateaw Dr Bur doit, on the day preceding his death. Rokel party come fron his chair and quivering perceptibly, handed to the olficor near bim the paper before alluded to, which the offisial piaced tm the prasession of the learned ex Judge, exclaming in @ ‘oom. ulows and scarcely audible vole, “that ts all I have to say."* Mr. Chovon—Bead that paper. Continued qm Afth page, ‘ bh Dover ‘ep fain of Poles ae SE ducted the Indy up stairs there wece a number of gentleman 9 Lie roam” Butahe a once picked him ont as the one she bad seen before f low do you know that wae tiem & pearance and [ ered bee hw FAL wwrny Laat ag Wag ae teailgenaa:; ‘equld aot garce Mr. Dilke)<Mr. Coroner, when I oon