The New York Herald Newspaper, May 7, 1857, Page 2

Mr, Hall (retir* Delleve the Attomey hee —Step ¢ w that they are for the Jury to look THE BOW, STREET MURDER. guren oat! 7T um cae owe toe Grad | ee Ful 7 bro mer seni Sint he Sea a tc? te eee aa «4 Br Sago the woe, tomtng that the Ur. fait. Pa you go 9 fo Mire. Cuspingheas ith il cave Sd witch up thetr face show ‘Tatel of Mrs. Emma Auguste Ounningham, alias teas One ake tts UP TH A: Tcould net swear to 6; | Oftcer Davis anv ihe remark she mado o him when they | "The Court--We should have no doubt that thee Busdell, fo¢ the Murder of Dr. Harvey Burdall. The Cov st—One like it? A. Yeo, sir. took her the Coroner's message? A. I was not wee bins ‘were here if the signature were identitied, ‘niatillen Apakoce apa - This, degger—do you knew where that in? A. No, Sr foes Gane] as wen me On SR time, w 3h, Hast do seh Gen Seat ‘bor ave ber 5 woul Gustimes g of Dr. Main, Hen. Daniel Ullman, Mr. ‘Sashing—It will be produced by another witness. Did you, after she had concluded her testimony, go | Mr. Ginioo— There one way of grag the ms. KE. Gowen tnboetn, Giilasss Masts oon waa Court—Is posi any ‘dispute about ds being the up tar Wil or afer her examination? A. No, sir—I Febere widows to pareve iomesives. ‘our Meese, Bilas C. Herring, Capt. Dilks, Vek: cietca—We know nothing about 1 @. Who went up with her, do you know? A. Noir; 1] The aide. De Watees, athe Leland, Dr. ‘The Court—T simply arked to know. am not pashive, ‘Mr. Hall—If a policeman arrests a man, aud letters: ‘Parmeive, Hi. Stone, Da- Mr. Clinton—We have po knowledge on the subject. Q. Did you here her make a remark about her testimo- Sone Sp ie poaeeasion, the question is not, arethey nici Olney, Wm. H. Butler, some one remarked : + is burning up their eae deers m7] sad Feo,mhas wee ¥ do pat recotect of aay. CE Cree) Teneo onmekteeeneeS bt, by the smell.’ Croes-examined % . Were you there on 4 John H. Thompeen, Dr. gy ‘were you located thea ? A. We were coming ‘Q. Was there any money found upon the of Dr. Q. Did you see Mrs. op Sunday morning? 9 ‘wai ee ‘Weodward, John Con- down off the steps on to the sidewalk. Burdetl at the tine bis body was A. I think | A. Idid, j fe are ve @ distinet rutimg and | this ether we nery, Dr. Uni. @ Where did you go after leaving 36 Bond street? A. Hae wens seamen nel anes. pan ae were with her? A. Her two daughters play dh e = —— i. ‘Towarde Broadway. Bow m 5 know ; it was not much, iidren. ink when case arises paneeanapaasapennee iminieh or increase? Silver? a. and pennies. Q. In what room? A. In hor bedroom, I suppose; she | be ti ‘WHE BIS/GREEABLE ODOR IN BOND STREEY. Si val ce Secmelt Ai] G about how much Go you Wink? A, There might | bad a bed inthe room, " ie | Sr Hia=We present them now, and chy dat can’t say that I did, have been sev: five cents. ‘The Court—The third stery front room? A. Yes, sir. were found in t! of paper) teeta ae Q. Was there any smoke in the atmosphere? A. No, Q Poyou thing about whether there were Q. What was she doing? ‘A. Well, sie end the youngest Mr. Clinton— Bs" your Honor has decided ‘Dr. sir, nix Cini or seventy flvel ‘A. I recollect there was money | davghter appeared to be arranging affaire about the house | were no. found in ‘Zhe Mark of tho ligature Reund Dr. (Q. How long was it before you returned? A. About as | found on the body. Moding the housework, they bad’ just gorup—bardly go | "The Court—t have not made any fecision om the s Burdell’s Neck Aocounted For. hour—about 3234 that weuld malke it, Q De og recollect anything about what peoee ware | dr. altogether when I got in the room. we, will tako a recess until 2 a'lock. Q Bie yen ee Does wares of. Ste, eral? A. 1] fund? A. I recollect that there were some of sil. Q. Did yon see anything more of them that morning? after te 1o0ew S28 Sai cag ne een cannot say that 1 * remark it—didn’t it | verand seme pieces of copper, but what denomination] | A. J was with them some two or three hours. resumed. The av e war even larger ial Q. If sou had percetved it then, you would remember it J ould not remember; tt have been a or Sgt lend apy singing in the house that ‘vious period since the commencement of the trial, and ‘Was Agitation of Mrs. Cunningham and Deaghters vow? A Tibial 0. j quarter, oF sixpence Hike that; 1 do not 4. Yes, sir, I did. greater Dumber of ladies occupied seats within the’ bar. on Mearing of the Murder. Witness cross-examined— ‘here wae anything higher than that; wot bai dollars ng, Whe was it thet was singing? A. Mrs. Ounningham EXAMINATION OF CAPFAIN DILKS. & Dit you cbeerve what dinectite the wind wan tiow- | were frst caamined? “AI think was; Tam que postive | Q. Whet was the charecter of the mnsic? A. I shout | ‘The District Attorcey—If your Honor will permit me, *: was. ing? A. 1 think it-was inen will ask Captain Dilks one or two questions before I easterly direction. not call it sacred; I am not a judge of music; J don’t under- Q. You looked to see if there was any smoke? A. Yeo; Q reo Zo Saeecy enero mye Rerrcanie wast: sothiag bet sacred, stand muric; it might have been i 4 Blow ‘ioug’ did it coed to give the papers in evidence, “WEB POINT GF THE MARRIAGE NOT-GONE INTO ‘ could ‘amok bouses | been Pockete—mo money of any kind, not low it continue? A. They sang the tune ogee omeit ee hastedaaeonandiuniaas «ven acent? A. No, sir; I have not been afore the Sur- Droogh, 1th . Tadge Davice—Yes sir, youcan dos, &e., ‘ke. any 2. a before broakfast or after? A. Before | Q. Who were by when thoee papers were found by &e., . Q. Did you ebeorveany light? A. I did not. fong— by TESTIMONY OF BOX, DANIEL ULLMAN, over, rf ae eee twas you, rbircioadants’ si f | Or Bail—The witness ia with yon gentlemen. Bete ay a Ginaing apap By ‘ stober. 3 q acted " i on the COURT OF OYER AND THRMINER, @. What is your residence and ocupation? A. I stopat{ Q. It is not an unnsual to have bad smells from Oo tes aereny atertng afin the, werden, oF darile Cruas-examiped by Mr. Clintmi—Q. Were you present at ot Sea denen ee efor Bow. Juige Davie. tne Nmperance Hotel and am a lye pepowers! A. Bond sret le pry gow! antler | peo ent anny ecm cue a Nae Ne | ee eer yA. Yon ae, | gd Romycrhem thee papers were fom, did or di efreet, ,. b, q Uh wala Ire. ‘thin it them; and iis, wi THIRD DAY’S PROCEEDINGS. Q. Om the 30th of January last where was your resi- Court Ask bi, ahd you evar dere any, eller Q. In the middte of the evening did a eat may ‘people Q. Who else was presen A. I think the family was | idee ray A She meld iho papers were bers ana Wrowmmay, May 6, 1867. dence? A. I boa’ det at the St. Nicholas Hlotol and had a | smell before? A. idon’t know that I ever utile | cothe there? A. ‘There was quite-a number. all presen, wanted them. nie “aide ‘aie edema’ er ka eeetitte ee eames eee few evenings ago, when there was a straw bed burned Q he aeons ogg tory there? Peat er 1 te eee wero present? DOCUMENTARY EVIDENCE. a great man; came, but there crow: , fmterent. Thero was an immense throng of | © on Friday, the 90th of January last, did you’ seo Mrs. | "°7 tron De Bondsy evening’ SSAA Oe G, The mle coos and tho eavghiera? A, Yon, sir ‘The District Attorney then presented the following paperd aroand the court this morning, anxious to cain | cunningham? A; 1 did. THPTIMONY OF EDGAR DAVIES, POLICEMAN—THE | ‘There was a great many coming in? A. Yes, sir. e Court—Apy thing further, gentlemen? in evidence, whib were found in John J. Hokel’s posseg| w@imimance, and notwithstanding the large accommo : tortate them, A. | DISPUTE BETWEEN DE, BURDELL AND MHS. CUN-] Q. jp wha part af the room oF the houso were you | Mr. Clinton—Q. You say you are pot a jadge of music? | 0 » Q Under what circumstances? please raed NINGHAM IN REGARD TO THE NOTE. mortly on Saturday? A. think I was in the Doctor’s | A. I do not proiess to be a judge of music ‘i @ations provided, many had to go away ungratified } I returned to my rou at 31 Bond street, at about ¢ o’c! a You area policeman in the Fifteenth patrol district? | rom mostly. 'Q. were any words wed in siping—or did’nt you pay | _ The envelope is marked in pencil on the top, ‘ Private] ‘es, vir. papers.” “John J. Eckel, 177 Stanton street; below, “Mise Aufusta Cunningham, 31 Bend street.”? The first document ir marked No. 1, and is as follows: 1 DOCUMENT NO. 1. City and County of New York, s3.—Harvey Bardell, of| the afternoon, and left just before 6 clock, but gning | 4 “y, Shetonie ‘Mim 4 smningham was early in oonrt, attended by ber eldest | In the afernoon, and left just bot moore | > e (ouri—The second story back room? A. Yor, sir. G@mnqhter, Angueta, and her two boys, Georgeand Wiliam J oo" TY Veena thore had Naga’ uo te maade fa 1 @. Did you know Dr. Burdell by sight or otherwise dur- ieee ea seew waytety Wo go ey cates Garg Oe Witham, who is the youngest, was born #itbout the right } zoom; I answereo What was of wo consequence, aah ing bis Hfetime? A. Yes, sir, I was called in there; I gi . Up to whit time? A. 1 think the Coroner gave orderr -@em. They are doth bright, intelligent boys. Eckel and * J shoutd be out the whele evening. A. | *ePt tol Bond street some time tn December last. oe, nigh ‘Dot to allow individuals to py up thege —_ at all. varticular attepson? A. Teannot say that I did not pay Attention; I think I did; but as to the words, I would not he positive that I beard amy words. ‘A Juror—This was on Sunday morninng? A. Yer, sir. The Court—The Hunday morning after the murder? A. . ‘bat time did you return thas evening or vas the rst Sunday | eaid city, being duly sworn, denoses and says, that a note| ; wero in court, and all seemed wo waich the pro J, Sas been at ‘the Bt Nicos Hotel talking with some | 9 Did you sce Mrs. Cunningham? A. I did sce ber after Q. Was that in the ovening? A. Tthink it was, Settle ceteat cia: Wines. ca Pusaes/ marsiaay Can't drawn by Mrs A. Cupoiogham, tated "er aboot tha eevedings with the keenest interest. rentiemen, and while talking I took out my watch and | { had been there a few minutes. Q. About the midd) ofthe evening? A. i chink it might | will not be poritive; I am pretty confident now that it was | 12th day of Tecember, 1856, for ix hundeed and twelve TESTIMONY OF DB. STEPHEN A. MAIN. ‘aid, T must return ome, becanse it was after 12 o’clock. Q. Who was preeent, anybody, when you went there? | hay. been about that time, he secend Sunday morning. dollars and 80-100, to deponent’s order, is mot now in dé weed) —It |, PUr-How much afer 12 o'clock was ic? A Toannet J a. Noone was presen except myzelf, Dir. Burdell and | “Q. As pear as you can recollect? A. Somewhere fin | Mr. Hall—I Captain Dilkr in the room? ponent posession, i Br: Stephen A. Main, (cross-examinajon resumed)—It } yy, sir, it was after 12; I returned to my room, and ob | rs. Cunninghad. that peighborbood. ‘A Volco—Yes, sir. ‘That said note is either Jost of has boen stolen, or is ee ee | ee eepencongsendayt | neeed bekteee gon tice nortan i anythingy ekber | gy neriz tbat tims undl the Coroper' inquest ended the | reegruony OF CAPT. DILKE—IDENTIFICATION OP PA- nwtndpe cf aaponent--tont the stare tes bot egued o ~ wile noticad a disagreeable odor in Bond street; it appeares: | “8! TCO ae sto ine house? A. I B'the §) ‘OSs Beoeed Seweme yee tives pertene, Wf anyiiing, defendant was in custody, was she not? A. Ehe was kept vase sidan tir Ge uacede ae, [For aaganaet, on pases by hint e extohert ~te be stronger when they came near home than when they J rront hall door with the la'ch key. Court—Where was tt you had the interview? A. Intho | ‘Mr. Clinton—You bave been a police officer long enough | Capt. Dilks was sworn and exmined by M-. HallL—Q son. Sworn to before me thie — day of November, 1856. @ret entered Bond street; it was a lowering night, with » Q. This was the outside door, was the inner door opent +o know whether she was in custody; I asked whether she Documzst No- 2. VJ ball. iheay stmouphore; think the wind was south; there wa J 4. Itinuet have been open, sir, because I bad pot the | Q Which hall? A. Lower hall, on the first floor; the | was in custody; if'a police officer docs not know what that 1) Sir, Were you present at any search where papers were found impending; if that odor had come from wich hey of the inner door with me; it had also a latch aa eecterly storm Qoctor sent for an officer, and my partner told me to go | means be ought to; J insist upun an anewer. ml Bewd street A. Yon, ety. and New York.— Burdell, Ganerd Grectand ths wind Yas from tho east as thet me. | ook. ‘bere. : ‘The Conrt-st will take down your question, The Court—State the time when. Set Cos ee eee al, Dela Hasan would have boca ashe entered Bond street, [| rwayn, ” not Sor Meually stand opent A. Usually, BQ. Who went with yout A. No one went with me at} the WenessI do not know whether ihe Vorover @1@ do | dir, Hall—Q. You were not peesent at tbe search in Mrs. | fy Sirs. E's. Cunningham fora judgment assigned to hor ve as ~ f tways. tbat time, “ ; , a rtrean 11 trend etrect and Broadway nscme | 'Q Wes there ny Ught in the hal? A. None atau, | ‘2, rt—Now state what transpired? A. The Doctor told won me to conduct her up stairs, and wot let | Cunningham's room that Tavis has tertifed to, A. Thi. | by award Pie ge a dpacangy Apa og given 100 feet, they entered Bond street from Fourth avenue J ir. me he had lost a pote. Q. Do you not know whether that is keeping party t | was on the Sunday evening immediately after the murder. | for srme pmonnt (612 £0), dated Dee, 12, 1866, haviug one tbad often bad disagreeable smnells with the wind i: JQ. How was that asnalty? A. As late as that there was | "yr Clintag—Was this when Mrs. Cunningham wasin } cutooy? “A. I should thivk 1 was ‘The Court—The first Sunday evening? A. Yos, sir, the | year to run, with Interest, payable to my own order and eins ‘coming from the Bowery; there are a goo | arcly if ever any light; I think nover; generally there was | inc room? A. No, it_was before she camo in, © Sls cece inltorasstthe of Cae cesasien h. Sani an ay » Yes, sir, Zane [0 rom, with aaresh, Masbie 1 Ml ONS O08 . lactories ip the Bowery, but none to his know f+ light before 11 o'clock, after thas it was extinguished; I | "yr Clintox—Then I object to tt. @; Tia'you doas directed. in that respect kecying her | ot Sunday evening, in Mr. Eokel's bedroom. * Sere Bo sec anaes elias ee = aes : where they burp bupes; had obwerved the condition “ever naw apy later than that that I know of. Court—Now state what transpired afer she came into | ap stair? A I did. eoping Q. I find come papers marked with your initials, which in consideration of assigning ~aid judgment of $612 ‘30and ‘€€ the shades and curtains of the dortor’s room; when b f @. Drd you see anything uncsual that night before re- | ihe out loud. '. Were you thore until the inquest closed? A. Yes, J {ill thow to you. Did you at the time mark interest to me, pronounce said note null and void, and of went in thai morning be was the first in the room; hat ff iringl A. Nothing ut all, vir. Wi che came in the entry and told me in part what | «i, + Yee, | 4. Yee, sir, or shortly afwr. ar pomp cheno ge ge ve {Say up the windows ary ltticed blinds; above themstraw J @ Did sou see or boar anything of Mra. Cunningham 1D | pr, Burdell would say, bow unjust be was and that bead |". How soon after this conversation occurred im her |, %,Bw did you mark thom? A. 1 marked thom with | po “Bret whatever, should sald note, appos hereby can- @elored curtains; the curtains were pulled down and the be morning? 4. T was roused in the morning abuut 845 | -yined ber family and ‘herself. rocm, when yeu told her the Ooroner wan‘ed ber to go |") initials. ol celled and of po effect a: said Mrs. EA Bemice Diinus cleed; they were opaque blinds; no one ‘clock (I slepta little later that morning than usuual) by Court—Well, sir? town'stairs and give in ber ptatement, before she did ee Q. And the same papers that you marked were the | Cron ton ale. alnst HARVEY BURD! Mem the vuvide could see into the room if the blinds were ome one rupning op stairs crying; ‘Good Ged!” “ Witness—She appeared to be very much excited,and | sown? A. 1 should think it might have been eight or tep ame rs that you found? A. ‘They were, sir Subscribed and sworn w before me this 24th day of Wor @isod, or if the curtains were down and the diinds not J vio '!—it was the voice ofa woman, and {then beard some | aid that che would have satistaction for what be’ had | mimes’ @. Will you ree if these (handing a bundle of papers to | | Subscribed and sworn uw: be er ered, bad some time hved in the adjoining house, No. 2¥ wdistinct exclamation that Dr. Burdell was dead. done; in the meantime she said she would have his heart’s Q. It was immediately, was it? A. As as Thea | ‘2¢ witness) are the marke ee 2s made? A. (Alter ” nero ioner of Deeds. Bend street; Ht i a perfect stereotype of No. 31, internally Q. Where was the person who ured this lavguage? A. | hiood, or worde to that effet: Ymmediataly stepped in be: | ype to go down abd ‘come'up again and fetch ber down; | “2mining (be papare) There are the papers. is | om ot attornenTuENT No 8 ¥ gmd externally ; they are pattern houses; the gas that wa ff it is diflicult for me to ray where it was; it must have | rween her and the doctor and vised her to} t may pot have been so many. J Q. Where were there obtained? A. y were foun: p Rawr bo torney wait ‘* a private memorandyni . oom) was at the farthest wiudow west; it Jf been some whore in the third ball. top—she was dotmg wrong, and told her she did not} “0.42 clin ns you could go down stairs into the Doctor's | **eetelary in Mr. Eckel’s bedroom. : Mrs Burde!!’s domestic affuire, apd I rofrain from reade =? ee he Re seeier ware Bye en tig A. My room was in the rear know what might happen hereafter; I advised them to go | -ocm? Fh is cet pce that was used asa bed? | ing it. ap et ink the hight key was in his vest J of the t! floor. out of the hall into the parlor, and ip the mean time Officer "itnesr—, claire agen, ¥en, sir. ie Doonan FERS Lit were ou tho punch bo would baveobeecrad it: YQ: What was ibe rei you beard? A Thetestnele wat | {inle came, and 1 ciuk, if am not very much mls: | q'When you went up rains uno second timo ae came | @: Were ihece papers tnany envelope? A. You,eir. | This indenture, marn the twelGQi2ty Be afenannns was a peculiar key; the new w | of a person . taken, be did fi talking. P ; 1 5 the door som two or tree months, thiarecrotary war J tav''said: then I beard wosoes—eo¥ern! Wace, noemed | “ACK acyos ‘near he, Balance the taking, xf you | Tumediatey Sewn? A. Yew yir any counsel, had | $22 Xbow itil yousaw 7 A.'T do not know that Taaw it; | award Merrepont, oF the ety uf Sow Yorn, party of the @ wring desk; there was a bank deposit book lying upop Ff «o me—sbrieking. did not take’ part in it? A. I heard it, but not pay | .nc? A. I do pot think she had. ” should kpow the j apers. first part, and Mrs. E A. Cunping* a, the same place, , he foho whieh lay on the dental desk was open; it Q. Where did they [oe be? A. They appeared © [ much attention to it. * Q. Not that you know of? A. Not that I know of. Q. Look at ths envelope (showing an envelope}. Wit- | party «f the second part Whereas aid pa: ty of the BY dearly under the light; lovked around for marks ot § ¢ in the front part of the house. Q. Where did it take place? A. In the front parlor. How -did yoo came togo there thet morsing, W vest —That books like it. rat op the t enty-third day of July, one Mr Clhipton—As soor as the District Attorney identifies— bt bupdred and fifty-five, recovered by jidgment im the Mr. Hal~J now propose to offer these papere in evi- Teme Court of the State of Ne # York, on b pKa the officer, Litte:l; observed a trace of blood on Q. In Mrs. Cunningham’s room? A. I don’t know in Q. What did the Doctor say? or please state all that Dr. |, o. ouride & the mouldiug'or casing of the door of the J «hose room. Dondoll eald is the ball, ot sent for? A. 1 waesent for. Which morning? "A. The Bret morning Dr. Main : ne, Gector’s root, abou ighteen bnebves from the |. Did you recognize the voice? A. The first voice I Pacerntichaah cates tien Guns wane ‘ cee. commenced by attachment again-t William Burdell, ® eae rer new te ‘Bond. street, eppeaie trem the || did uetknow; ahecl beard voloes chrieking very ioomly I Popa gr ae Prawns fo the station house, and we were sem | “ir cinton—They might or might not be evidence; they | resident of the Sate of Oblo, the sun of seveatecn Bane Range of the door; could pot tell what the?dload came trom, | licard Mre, Cunningham's voice. Pag i phy aPig Beg ese. opt ny 2. Tir. Main came to the station house and made the re J *?r,0! waced ta the oefendant. dread and sixty-two 44-100’ dollars—eleven hundred and Sheiber from a spout of bicolor from a garment, found | Q. Lo you know what she said? A. 1 shoo think | cat)" A’ He told me in the front parlor eile, Mee BS Bete ban {The Court was cocupted in examining dhe papers. dollars an ity four ovuts of which han been nats feveral rpots of blood on the wall of the main rtaircase; | ‘hree or four minutes passed, when a person threw berself | singhain was present, that he had lot a note. Q. Who took pesseseion of the dagger? A. Ithink the ir. Clinton—Now, we ray, no feundation been laid | Ged of a judgment in favor of said William Burdel @id not observe any on the platform. against fe inner door cried out, Mr. Uliman, Dr. Q What else did he say then? A. He said that she had } Coroner's son did, Jobn. ‘ be ( ee intetaeal Caer eek ‘one ed py da ig Vis RD - presented a wooden model Surdeid ie dead.” - . + rule juetify Wuetion found, "1 ep eee ey eer ined te ine Jetee, jury aod | Court'Whose voice was thai? A. That was Mrs, Cun- | ‘2X the key out of is pantaloon’s pocket while he was coh And he took possession of the pistol? A. I Delieve be | '’e.rneioa of the party upon trial, but in a root vot oceu- | hundred and twelve dollars and thirty cones C¢ b singham’s voice; 1 arose at that time; T immediately | “Ga ne speak of any particular key? A. The xey of |") ria ho immodiatety afer finding them take possession | Me! by her, but by individual, she not being pre. | Now this indenture witueeweth that the aid party. of the . on @e'tu that it would be ad. iressed myself and Shonen No. ot his safe. of them? ote 1 perme A ‘did. ent, 2 pi ha tem nha eh Sood wooo ah fo tee wee ye — Lager ind bre y= meen 4 3 . You did not go in herr ‘A. No, str. yA. e submit that there are re an oe wm dul 48 0) visable for the Court and jury to visit the house 81 Bond | Q. You go in ber @. Did he speak of anything else? A. Yadvised him to |" Q'Fisco that have ‘you seen them? A. T have geen the f 722 many - lim duly paid, hes wld) and by Mr. Hall—Ifyour Honor please, the prosecution fully ap- nreciate the objections just made by the other side; and sobably if the prosecution wore defer the wo man they would make similar a objection, because the vidence in itself ts of rome importauee, and counsel, nowing that the evidedce which is offered’ i of some im erect. Q. Tid you see her at all that morning? A. No, sir. zo before @ police magiirate and there make a complaint, | aspyer, not the pistol, Judge concurred in the ety of that coarse; | Q. When you went down you weut—? A:T went } f°) coud oo nothing for him. thee ey FE atayender that at an sprucue time the boase | down tothe door cf Dr. Burdeil’s office, that is the roar | “"y “What remark did he make inthe hall? A. He did | jing (ort SP aside, six, Call your next witness, gen- ebouk! be visited. room on the second story; there stood a young man there; | uot make any remark there. i Exanunation continued—Witness pointed out on the mo ff! asked him what was the trouble? he said, “Dr. Burdell Q. Did the Doctor make any charge against axy person FVIDENCE OF SILAS C, HERRING, WHO MADE DUPLI Goi where he observed the blood on the wall: they were J is dead)? I said, “How do you know? perhaps | sat caused you io advise him to go before a police CATE KEYS FOR DR. BURDELL, TO SUPPLY THORK famrars of Diood, as if they were brushed on with the J be is not; let me in and see him,” J asked | ute? A. He stated tome that she had taken the key of LUST OR STOLEN. said party of the second part, av her the said ppdgment, and all sum and +vms of money that had or obiained by means thereof, or on to be bad thereupon. Ane the said party of the fret part Coes hereby constitute and appoint the suid party of the econd part, and her sexigne, bis true and lawful attorney 4 r nouced wes en the inside of J f he bad rent to the station Bouse; he said they bad sept |»; cafe and a note from his safe. ortai.ce, has of Course an interest to object to it. But we | wrevocable, with power of #\.b:titution and revocation, for Senos a above the jock; there J ‘or the Coroner :be opened the door, I went in; saw the | ‘How long were you in the house? A. Tzuess about | _ Premined by Mr. Hall-Q. Did you sell asafetoDr f /o streruows that his evidence should be admitied, Ina | the ‘vee, abd Bt the proper costs and charges of the badd wae:dlond @n the edge of the door, which, when the door ing there dead on the toor; ajfew minutes after | wenty minutes, probubly longer. Burdell at any time? A. I rold him a safe, 8! com adjoining Mrs. Cunringham's room, a paper is found | party of the second part, to ask, demand and receive, and to Sey caee, cas cnet sn; too awd of conan 4 ment ff be solice came in. Q. How near to the front door did this conversation take Q When? A. Op the 2st of April, 1866, 1 think, sir— J avirg a certain endorsement, | will not say to the jury | sue out executions and take all Lawful ways for the necovery between the two buck windows; did not notice any Q What boy was it who stood at the door? A. Idid | yisce? A. Ithink it was between the two doors in te | hayes me whoa ‘8 book)—1966, what itis, for your Hovor is to determine whether of not | cf the money due, or to become due, onthe sald judgment; taal on the deck where the case of instruments was; | vot know him: Ihave sinco understoos it was the office | | oct hall, (consulting tshall be admitted as evidence. But in that room is found | and on payment, to acknowledge satisfaction, or dis- Bere were some drops of dived on the floor near the desk; J voy of Dr. Main; 1 don’t know whether Dr. Main had Q. Btate as pear as you can the time that itiwas, A. It Q. Where was that safe taken? A. No. 81 Bond street certain papers which directly relate to the copnection be. | barge the same.’ And attorney? one or more nuder ( 2 @@ the centre table there was apaper, (tbe Hexaxp) with | deen there before I was or nx; J don’t know him. wax {n the morning, in last December. Q How many key: bave you over pares if you ave § *wecn this man and this woman, who is now on triab—pa- | or the purposes aforesaid, to make and substitute, and Diood, which had the appearance of being dropped | Q How long did you remaib ip the house vefore you | “O ‘Wr: t part of the month? A. } think tho middle of | ™ore than anet A. Tau; ed. two keys, as always do J vers which show buriness relations, pecuniary relations | leasure to revoke, hereby ratifying and conrming all that See. cen retary and the hal) | if? A. Until pearty ten o'clock A. M. Pe mire at the time when I sold the vale, ating between the two, papers whore tmportan a ) said a:torney or enb-titute -hall lawfully do in the epon it, ; er w@al there was no blood, witness described ¢ the sofa @. J understand you did not see dre. Cunningham all Q. Did you see Mrs. Cunningham after that “ap to the Q Any afterwards? A. In Sepember—(correcting)—on Sapa eel Und cap oo war: there were Do marks of f hat Umer A. I did not seo Mrs. Cunningham until late | ire of the entrance of the police mio the house, on the | Jo 48 Dr. Burdell came to my store and raid — Bleed on the shawl, cap or sofa;’ the overshoes stood near || bat evening, Mist of January? A. No, sir. ‘he Couri—Never mind the Conversation. Mr. Ciinton—I rive to a’ point of order, w ‘s pro. ver for the Distric Attorney to divclese the nature whe papers. remises, An¢ the snid party of the first part does cove ant that there is now due op the «aid juigment the sum {six hundred and twelve doilars and @irty conts, and ¢, op the north side; there wae no blood upon the a; Q lupderstand you were lp or about this room tll ten . Tid you go to the house on Saturday mort A ‘Tbe Witness—He wanted a pew key to supply the place Mr. Hial—I carefully avoided that, I was simply apeak- | hathe will not collect or receive the same, or to a enact owt bere the dewtal chair wan. o'clock? A. I was, sir. Yo, lg Hens 4 one wich bad Deen lst or stolen: we took the dor of tog of thelr importance. . thereof, nee release or Givcherge the jude bil ‘oo 1 for the defence here produced painted draw. @ Do you recollect any’hing being sald to you about Q. At what hour? A. I think it was about 9or 94 afe off and took it to the factory, altered the lock so Mr. Cinton-—You spoke of the importance and the rela- | own and allow all lawfal proceedings therein, the said me of the room and ite furnitare, showing the position of J oovunrel that morning? A- No, sir; in the evening there } vy clock, the lst key would not open the safe, and made two ff ticne of the papers. party of the second part saving the eaid party of the first @e boxy, the marks of biowd, &c." These the doctor iden. || wa= romething raid about counsel @. Who was at the front door when yon went there, if | ° ¥ Keys for the new lock, ae altered. Mr. Hall—I carefully refrained from disclosing the cha- | -art harmless of and from any cote In the premises. ‘ae Correct illustrations, and they were examined by Witness crovs-examined—Q. Were you applied totoact | apy wpe? A. There was no one; 1 went up stairs to the Q. Are your keys and locks numbered, or not? A. Yes, § iacter of the papers. Tn witnees whereof, the party of the first part has here. po photo: vo the Court abd jury. This occupied some | a8 counsel by Mrs. Cunningham? A. I was not. Tortor> room. “i; a bumber is upon the key and upon the knob of the J Counsel for Mrs. Cunningham—I wish to be bear? onthis | unto set hus band and’ ses! the day and year first above Ghee sainetes. . @ What kind of a shriek did she make when you re Q. Who was there? A. Dr. Smith and his son,and 1 | #¢, on the handle. question before it i» decried. written. Sealed and delivered in the presence of shut. ‘Cros--examipation resumed—The steps outside of thy | coguized her voice? A. It was a tremendous shriek—ae | 1 i1k bis office bey, John Rurchell; the door was (he The Court—[Examining the papers}—You may proceed EDWARDS PLERREPONS, [L. &.) there ke eho platforms are wht ble; the door was | loud a shriek as I ever heard from any one. fad pen qut ic? A. I ent tb tesemaiene, at Mr. Hall. Hanvey Beane. moses 22 nin bene alimrg fiingree work, | @ Did rhe attemnps to get into your room? A. Shedashed | G° Wacwatia the ronment ret onsanin ? amining keys.) I always keepa record | Mr. Hall—I will refer yenr Honor to the very plain prin- Document No. 5 4 Diack? there was no blood on the bank book or ou ainst the door, but did not get in; Twasat the | yoned were in the room, and the door waa abut. J> Aird cafes in @ Book: thereare often keys found | «iple of law that when you try any person for crime, and | This indenture, mace the 12th day of December, 1868 portfolios; is not poviive whether was any ou minute. Q. Where, then, wes the body of Dr. Burdelt?—how near | '? the street, and by coming to my store I cnn tell who [hat person is In possesion of particular premises yon are | between Fdwards Pierrepomt of the State of New we Guacvandars, an tn hate va front at ¢ wry there | Q. Had you a night Key of the outside door? A. Thad. 1 sid the body lay to the door you entered? A The doo | ‘the owner'ef the key; Ihave done this in many ip J vt confived to any particular portion of the preminer kept | party of the Arst part, and Mrs. KA, Cunningham, of was con-ideradie dowd on the right re was mo | Q. What was there remarkable iu the lock of the door? | s+ crazed the body. tances, by such person, bit if you can dnd articles having any sort | Fame place, party of the vecond part: Whereas, the said yened eas J A. There baa been an original night lock or latch on th record of this lock as you look Shase an dhs cote; the hued of Oe Q, Was it lay ing op the face or back of the head? A. Tt |. The Court—What is of direct o indirect relation to the ortme—because that is | purty of the fret part on the Zl day of February, 1856, he her, ff Ge ioor pti} some timo, 1 think at the close of Docember, | wax laying on the side; it had been turned ov or. or itt A. April 21 (reading) Dr. Burdell, April 21, No. 31 J mere question of competency you bave a perfect right | recovered by juégmert in the Supreme Court of thd Stale ae bso when Dr, Burdoil caused a new lock to be put upon th 0. Hed Nop cheer been Gare Deore your” ‘A. I dona | Berd street; wo register the number of the safe 19,722; | io co into any part of the house for the *ake of ronniouiog ot New Tork, on peosson'ngs commenced by attachment webb dioed on the door o Joor—-pat ut lock I believe, which was exceolingly di) | cnow that there bad been, yeu will eee that bears that number, Sour search; and if you find anything wpon its face show: | against resident of the Suate of Obie, the sum of $1,162 By, qd there was & good don! on the wall leading invs J cult to be opeved when Gret put onjI met Dr. Burdell oo | ("Was Meer Littke one of your namber? A. yon, sir. The Court-—And that key has that number? A. Yeo, J ng avy relation j» cuniary or otherwise, betweon these | of which $1,160 64 hw been eati-(ed of a ju¢gment in fa! Gee cect, Dr. Burdelt was probably sbout firs feet eigh: | day and told him— Q. Lid you make sny examination of the pockets of Dr. | "11 my name stamped upon the olber side, artier, it must be for the jury tovay whether it ehallcome | vor of Win. Burdell aguitet Harvey Burdell, remaining due Mches, dearly a4 tal) a withers, but net oo heavy; the some eT dow't want your copversation—jou informed | pi rdell?” A. No, sir. Q. Aud every key andevery safe from your store hasa | into their ceductions. whether they have been abstracted | mo op eaid jucgme nt, iu favor oi maid Edwards Pier teed fa the comer was appare: tim tha! it wa difficult? A. Tid isn thet it took the | @, Were you present at any such examination? A. Yes, | ‘ferent number? “A. Yes, sir; no two keys have num J rom rome other place, and whether they may vot have | the sum of $6¥ 0, tohim culy pid, has wold, and by wae a rtul, deep-chested man, who would probably weigo | or four or five minutes to open the door; afver that the lock | jr, bere alike. belonged to the deceased person. I havo referred | presents doasrign, the vaid judgment and all sum and sume Be Sicnese appentence indiculed a gacs daw | wen very Casy 80 2900. . Q. What articles did he haye upon his person? A. He | , Then the number of tho nafo and number of the {very slightly to tho papere—every ono of | of money that may be had or obtained by means thereof, Of moscula? pirength; a to thy jet ef blood on the wail Q. You opened {t without the pightkey? @ wos ® | had a watch, safe keye— key of the safe, as now shown you, are identical? A. ff che in shows scmething which tears directly upon the mg- | or on any proceedings to be had thereupon. And Bm bead must have been not more than eighteen inches & J vpened with Mt by the slightert towch [a the worl of thiy pervon te cemmit murder upon thi< man—that 5 the |G. What kind of keys? A. A night key and key of his | ¥¢*, ir. sate; be didn't have much ten hen ie pociets; hy The Court—This key and the one you originally far the raid arty of ‘the first art do hereby constitute bed to the Pector have differeut numbers? A. In June + the highest } very night I entered it opened with extreme ease, und appoint the raid party of the second part, and her bere war @ ercret agreement between them—existing ih neem to correspond | & That jock had been oo vince December? A. Tam not | yarchnw indy rations between them which should be given tothe jury. | arvigua bis true and lawful attorney irrerocable, wit ck: on the lower partorty | re ae to the ume; it might bave been from the lst of De- | "G "Weet vommg at had i stopped? A. Tt was stopped, 1 Bordell called and said ho had loot bis Rey, or it had | ‘uirk that upon the very elementacy prine'yie they ave | yewer of subeutction aed hrvoreton fen use, and at the pirting of blood; it was dry | ce ‘Mink: the reeretory was there: the doors were shar been stolen found in ber houre ane the yapers shew ing the rule—that proper cost ard charges of the raid party of second tonrk, demand and receive, ane to sue out caecum, and take al) lawful ways for the recovery of tho money, ave, or to become dne, on the raid Judgment, and on pay or ame; they are compelent evidence to be submitted to the to ray whether they are papers npon which anything can be predicated in extenuation ef this crime. er. ‘ Fas no door sometimes latched without Deing 4 You furnisbed another? A Yee, sir. When wives raw it; s0 i was on the walls and our @ Was not that +01 latched wi ‘id you see aby keys about there? A. I am mot posi- q za “ up with the be we ‘ockea? A. 1 found the door one evening, about 9: : “ Q Tid you then mber the two new kéys? A. If aor; —- tee went up with ed gp ne a = pre Ld we; I think there were some small keys there; 1am not they were numbered at all, it was the original number; it “d the blood, | Court—When was that? A. It was about a fortnight be @ How did you remain there? 4. oy | a8 taken to the factory and we made Covnse! for Mrs Cunningham—It is peoe aary toshow how | ment to acknowh age sath faction or discharge the # burceii had a black elk netkerchie his neck: it J tore the Ist of Jauvary; I tound it open abvat 9 or 945 T protty Inte in pot mh bee 4. 1 Gem Wected the Uti. ‘bere papert were founc—under what circum:tances, and | and ee | one or more under for the perpors b Woes there wen ho otitener le ve had awhite | o'clock, some eight or ten inchee; the inner door was wide |G. J4 you see Mrs. Cunningham iu tho morning? A. 1] the Court—Po you bnow whether this in what place, and how the prisoner t= charge before you. | to make and rnbstitute, and at pleasure to revoke, A ny whether it wae amand: | open. thirk Tai. vafr ar sitered in June, or whether it was If theee pepers are those ax contended by the prosecution, | ratifying end coufirming all that «aid atorney oF anbetitute erchiel was fokled very nar- Q Was there no fire in your room that afternoon? A. Q. Are you sure? A. I think Iam positive. A. We went up with th ‘oner’s son and then they are evidepee. no matter where founl. If they | shall lawfully do ip the breirese; and sald pearly ic tas eda There wan net. @. Where? A. Up stairs, in the rome that it would not open the rafe as altere are in her handwriting with her signature, then they are | of the firet part co covenant that there i¢ now due ou the | twas not apparently dooe Q. Bow long were you in the room? A. From 4 o'clock About what bour in the morning? A. As far as that en tho safe as it wa before it was altered? to a quarter to 1 can't eas ; Tthink it wae somewhere in the day of morn: si) afer the Sth of June thet key would aot trong man catching hit 7 Q. You know one of the sercante was absent, the ser- | ing: she appeared tobe in great distress, hapnad eck and twisting the necker bief: there was no appar. J runt who ordimarily built ihe det A. srs Cunningham | 4 What was rhe dang? A. I think eho was siting | ,,(1C-* examined, by Mr. Clinten—a. Do you ay that the ase of ie bring love by @ cord thrown around the neck; | *#i¢ the Fervant ho ordinarity buikt the fire was absent; | uj cn the bed cry ing. was delivered to Ir. Burdell on the 28th of ew tbe booy stripped an? the wounds examined, probed J cbat waa the apology rhe gave fur there being no fire. Q Who war there? A. 1 think her daughters, Mr. { June? A. The door was taken to the factory on the 28th of evidence. But there is no proporition before the court to introdvce ney euch papers. The Covrt—I rball say after looking at the papers that ey are papers that look ax if they belonged to tho case, Jook ae if vaturally they belonged to the cree. Covnsel for Mra. Cunningham—If they were her docla. said judgment the sum of six hundred and twolve dollars an¢ thirty cents, and that he wit! not collect or receive the Fame or any part thereof, nor release or discharge the said judgment but will own an? al ow all lawful proceed- ings therein: the wat ang Aa as second part saving the eaid party of the first part Jess of and from any costa . " blo" high cut the Q. Did you way the voice of the person running up stairs | cuodpree, the boys and T : June, apd was delivered to him the same day. ration—ber rignatare, they would be evidence: but they | in ihe premixen, odd artery » aut be ihought, a porpoudicuiar blow.” | was of was not Mire. Durdells? A was my impression, | 'o. Were J prevent whew ho Coroner commenced tis | , ©. it wat returned to him the rame ‘ay with the pew J ire the deciratin of ober partes io writing, an they are | “in wine wherect the SB bag de pd mg ed ao @ What was your opinion ke to how that wound wae J #ir, that it wae seme woman of the bouge. waqvest? A. Yes, rir. key? A. Yee, vir, vet to be admitted unless they are found in her posession. | onto sct bie band and seal, the day and year Grst above Getbetedt? A. I caime first to the conclusion that it was done . Do you know what the habit was—who went to the Q, What hour of the day was that commenced? 1 think Q. And thar new key opened the safe at the time ofthe | Now, what ihe facts? She stands before this Oourt | written. e first blow hi door nights when the bell rang? A. No, sir, Idon'tknow | it must have been some iuquert? A. Ido not know that sir; 1 did pot eee. Ming tn the chair, || auptbing about that. aa: where between 11 and 13) i] jarer—Do you know whether thet key will open the «Parged with ing committed this murder alone. There seme to be a predisposition on the part of counse! to refer to the relations between her and Mr. Fekel. Those were found in a place over which she had no control. They are found in the posession of Mr. Eekel, who 's a compe. tent witness to come before this Court and tell where he By person trom ‘peind, who suck Ge the clavick) while the doctor was # < around the side of the chair spirted Q. Did you ever have to ring the bell to get in? A. Q. Did you eee Mrs. Cu Sent ‘a oo Fee Sen 1 was of opinion tbat mont, if not al, of | One night found the outaide door locked; I rang the bell; | 1 at pers bent ace vont ningham in the afernoont Gc @ dd ivii ed by a person stabding deind | some vbe opened the upper window and arked who itwas, |G. What did you ray to her? A. Tuokd ber that that the | A Jnror—Q. You wied it? A. You, rir. Son ee Ri wer wanted ber 10 go down viaire and give in her | , Te Courr—Tt wil) not open the safe, Dut aa it was bo On the Usth day of december, one thousand eight hum dred and Sfty-fve, before me pervonally Edwards Prerre- DOCUMENT NO 6. serecscvevsoororctcccecoosones rtee: $04 WO Keoeived, New York, October &, 1808, elg] ty fore the 28th of June. got them, and prove whether he had ever had them or | {fvur dollars and 30-100, on account of ront dae Wounds ai all in the right arm, but the fof was cut J Burdell nent der Ist, from Mrs. E. A. Cunninubai Aarons is right wrist Q. At what time tn the evening, and at what date was ‘What did the ray? A She ‘ould not TKETIMONY OF OFFICER HECTOR MOORE, WHO WIT | no. Instead of that they seek to introduce these papers for er Ist, rs, vabam—rent at the rate ow so optaton thas that! A. It must have been somewhere in the middle of one without Pande 10 ber ome a ” NEKSED THR DIFFICULTY BETWEEN DR. BURDELL | the b rate J of showing what?—that she committed the of $800 8 year. HARVEY BURDELL. mast, | pot all, of them were inflicted from behind; if thai |} December; twice he dia it Tid any obe ele then pass betwoen herself and your: AND MRS. CUNNINGDAM, AXD HEARD MRS. CUNNING: ler, Suppore, if instead of these papers, a bloody geet bad been found, the dagger being compe. tent for effecting thie murder, it would have been incom. petept testimony to introduce, becwure it would show not that she did the act, but that somebody else did it. It was found in & place where she had Q. You rang the bell and he answered it and opened the | ceify A. No, pot at that ume. HAM AND DAUGHTERS SINGING ON THE ABOOND Be the care the person inticting them must have deci very tall perrou. for while the doctor was standing upa | door? A. He did Q. You wei ay? A. 1 went down stairs and told the SUNDAY APTAR THE MURDER, there you saw the inmates of that | Coroner what ebe said. B 4 by Mr. Hall.—Q. You are attach! to the Fit. prioner, and her daughters and son when Lid any one else, while room, make tin und out? A. Uccariovally ® oun Mwhieh you Beard? "A'T think the Coroner's | teenth Police district? A. Yer, sir, y pervom of any height could ip. , them |. What war the weather when came home that | con paid rhe would bave to go down, 3 bad the same right to through Mr. Ulmann’s | United Btater of America, te me in hand paid Ss ‘That wonnd in the carotid artery, what \« your opin- poise sd night?'—de you remember? 4. Yes sir, ‘Was it up stairs that that remark was made? A. Yes, gory rae gy : a 7 rooin, examine his drawers and private papers, and bring 2 fom an to tbe manner in which tha: wae dune? A. I think J ditinetly; when at the corner of Bond + treet and Broad- | cir @ Did you know Dr. Burdell in hie life time? A. Yor, } them'in bere. If they had indicted these together Gat ib wie dove by & perrow standing 19 front. way 4 looked wp and saw the stare partially obscured; 1] Mr. Clinton—The Corener's son oF son: in law ? air pry hes Rae rg A @ Gould you form any onion a to whether the doo | -upposed it would rain or snow before morning. Court-—The Coroner's ron be said; she said rhe would | Q. Did youatany time go to 91 Tond stroct when he J BO intadvee it without. = might Just aa weil attempt tor War riabding up or mot when that blow was struck! Q Did you observe the smell of woollen when you went | pot yo down. to introduce papers from Mr. room, or Conlin’s, A. | did not form any opinion at the time: we hai first | into the houret A. None at all, sir. G. Apart from teeing ber at the inquest, did you ses her | *8* along? A. I did. +r Mary Donobwe's, eo far an to their being evidenoe in ston ght that be was struck while ritting uw the chair; aftor Q. You know of no deficiency in your organs of smell? in that night, so a wo have anything w say woher? A. Q. Whent A. Some time in September last; what time | Wiis care. Suppors thie war an indictment for receiving . Bat f formed no copelvsion at all. A. Nene whatever, «ir LT think T did, bet am net certain. in the month I coukd not ray, stolen goods, and thie sort of evidence waa found in Mr, @ Phd yuu form any theory as to gund under the Q Yousmelied nething either inside or outside of the ©. Lid yon see her next morning? A. 1 think I did. Q Pid any one come for youl—it was the oocasian J bike's room, it would be evidence ugainst him. In sup- Beh arm? A. | think the doctor's arm most have been up J hover? A. Nothing. G Where? A. Up retains epoken of by the last witness? A. Yea, sir. port of my position I cite, 1 Greenleyi, sec. 3, 3 Greenleaf, I ever had, pow have, or wi aves. 98 and 4. Mr. Hall—1 am not acquainted with the contents of par. ticvlar sections of authoritie, but your Honor is too well verred,and Iam too well verved in law to undertake ite mentary principles, There seems to be a enapicion in ie minds of counsel that Iam trying to show the relation between Mra. Cunningham and Bekel The Court did not regard it in that light, or, ander ruling of thie perehe Tshouk! not have eonsidered it “hese paperr, which I believe were the papers of the case Be thir (0 Borizontal) porition, we could probe the wound wore easily whee the arm ww exteuded than when t wae Town; it looked ax if the wound w 9 & ID this (horizuntal) postion, thi B. wee places, the wound under the arm | cow tm “when | drew the arm up than when it bung War there ary Nght in the bourse? A. No; on the | . You were eure of the officers stationed im the house Did you sco Mrs, Cunningbam there at that time? A. rary it was very dark when I entered the house, at whose orders? A. By the ord Coroner and | Yee, «ir. ay 2d conered the third story; whe to the attio | (ap nin. ¥ mathodicrs @ And Dr, Rurdel? A. Vea, sir; 1 met Dr. Burdell on A lew Q What was raid by or with Mrs. Carry on thie Bunday | ‘he corner of Broadway and Bond street. . werving? A. I never bad anything to may to her about | Q. That was the time when you went to the houne and Q. Bere ie a email room by yours; for what was it 00- | thi wflair; ] tld her I did not think ft was prudent for ber ‘hey had a conversation which you overheard? A. They \ Could that wound have been 1 copied? A. Tt was occupied as @ etorcroom; Thad seve | to talk about it. has conversation, #ir. sare Geling Wi b him in frou A. 1 dow ral trunks in it myself, When you were there in September were not blows |. Did Mrs. Cunningham say thing to you? A. hare & Dowever, I did not form any definity opinion as to | O. Was the door eked between it and your room? A. » by any one tbat you waw) A. Ithink she bit the | She raid something to me—ae Doctor ‘and me he » wuiner in which that wound bad been given; the body | {\ war: and the hall door into it was frequently locked. wr on the shoulder while o@cer Lite was talking to | yorced into the hail and pared the door of ‘vot, from the appearance of the blood, have been | How did you get in there? A. 1 very rarely had oe- Xecutors or administrators hereatter san, ehall or ‘ave, for, upon, or by reason of any matter, cause, oF bing wh eT, from the bewnping of the world w the oy of the date of these prosents. ip witness whereof I have hereunto set my hand and real, the eighteenth day of Ortobber, in the yoar one thou (No siguatore.) (Seal). Docram No 8. - ber the front parlor, Mrs. Cunningham stood im the | ‘here found on there premises, or any part of the “ © received of Mrs. Cunningham $86 90, pono ithin an hour of the time J firet saw !t conion to go in there; 1 don’t think 1 ever went in mare Q, That is the thing yon eny Little knows more about? | goor—made her appearance at the door as if she | f tle prosecution, to state what they are, and under what me phd any kes on a note Ihave for pa be Non ~ “ you went up stairs to Mrs. Ounningham’s | ‘ban three times in my life. A. Yes, tir had come out of the parlor, and Dr. Burdell made a mo | « ireumstances, the court would not be at liberty to exclude ‘Wm, Simoneon and signed by her.”’ > signature.) wm w ‘as the condition of Mise Helen Cunningham? Court—When you went in how did you get in? At Q. Now yon were proeent ata search which was made | tion with hie Land; he bad been my about her. bem from the jury if their identity were proven, The above is in the dector’s han writing, and marked og The Jn ruled the question, a# they were not | found the door open when 1 went ir in the room on the following Sunday—oext day? A. Yes, | _ Mr. Clinton—Sbe was prevent? Witness continaing— | | Mr. Clinton—Jn determining ubom the sdmaietbity of the back “No.8 G.W.D. J, C9 ‘Vi © Helen: witnews might describe the condition of | |. Was there anything peculiar aboot this night key? A. | sir Yee, sir; he made s motion and aaid, “'Thatisthe woman’ | there papers, your Honor must not determine by their Doovmere No. 9. Waits, beben Yes, sir, it war a peeniiar key; it struck meas bavi @ | (. And war che present? A. In her she was. or the “lacy: I will not be aure which was the remark; | Contents; av a matter of Jaw, you have ne right to took at The following dovument fo the deceascd’s ‘Wines -Mre, Cunningham was on the sofa; the oldest | ereat deal of arrangement without amounting to much; at & recieely what was done in fer room, any- | she replied and raid, “lm bie wife,” that was in Soptem | tem. writing, and inbacked “No. 8. J. W oT ; oP tala hand. ww lp the chair, leaning op a trunk; the young | frst it was altogether tov hard to open, and it was en. | thing # he said OF dic? A. She wae perfectly willing | ber; be made to reply, but proceeded up # airs, and 1 fol- The Court—1 must jook at them, in order to give a deci- 1, Hatvey Burdell, of the city and county of Now ¥ haer Was on the bed ina state of eynoopo—actual | trely too eary to suit me that there should be a search, aud we went d@ and bad it; | towed bim hon beihg duly Fworn, derore an say, ‘ork, er bed you talk to her? A. 1 did not see her afterwards that he hae not up i ¥r. Clinton You are to decide upon the proof rendered. don “t recollect saythg anything to Mrs. Cunnl @ Did you ever opes any other lock with that key? A. | > cyan ine b oom, &e., ke. Wie present day, October 18, 18 10 tA wee the bud lend to produce Ue lock and We maker Wo nity laregerd | ¢ ‘ hore? A. Tihink there wore two Simin Wd: Shivodienies auere wore teers ee ae a «HARVEY. BURDEL Covrt— That will be the best way hag see kexe with a strong binder A. 1 Gon’ re Were you in the house altogether? A. Tete aytoemens, ae 5 ot i <i “ mn k—ANOT nae Ln pes . ‘ ye arch, in the ye net ph ape deh eranbet a tld Fe -— oh be Connory—that | n September wae it, middle or the later | i re a that (ie Uwated etgtit an is. seen heap | ‘ O. Fou ore a membe rharr A. Yea, sir ow A he Oe ne whom etticor Tavis wan | hit { parmit ime vey | ie | ea what d @ You resided at 16 Bond street at the Ume of thie t * Pi S estonia ob ne iy , pie be vad e : . "8 f “y Sas. Barepe yottgeais n perenne | attire? A. 5 eid a At , oe " lth 8. are, ater that Ue: Nae, tee Iter part of | ws = That i 8 atte of berwafer i the wa con. | taken tr i ey doe oo% ther Did you lease wnd strest on that evening? anne @ teow. ft Whe Rot the Bret part o mvath, 1 know | nected with these pa ey a 6 | of one year, to commence un 1} pry y valutie spperniag tying abow Sanemeun le a uh omen, Drtwoen nod 3 o'clock ‘ ‘ weit cues #00 found tha, | jist , rospoctully insist thet eve upon the evidence that they | aud wo oud on the iret day ot Alay, 189%, wud sic ond 8 ee ne ee ne ee