The New York Herald Newspaper, May 8, 1857, Page 2

eer of Mrs, Emma Avgusta Cunningham, alias eraon, for the Murder of Dr. Barvey Burdell SCENES IN COURT. Misam mation ef Coroner Connery, Andrew L. Byvne, Prederich Fredericks, Christian and Frederica Sehwartswelder, Capt, DU hes, Mise Fester, Lavinia Phelps, Jehn W. Bliden, Dr. Uhl and Benjamin MacQuire, GASE FOR THE PROSECUTION CLOSED. Arr Batiens to Dismiss the Complaint for Incom- potency eof Case and for Lack of Jurisdic- tien Denied. errr @@UNSEL’S OPENING. BSRDER IMPUTED TO OTHER PARTIES, WPGRTANT TESTIMONY OF SURGEON CARNOCHAN, Mis Theery a: to the Force of the Blows, and whether by the Right or Left Hand, and as te the Burning of the Garments. TIMONY OF DE. ROBERTS, a, “he, ao. Oeurt of Oyer and Terminer. Before Hon. Judge Davies. YOURTH DAY’S PROCBEDINGS. ‘Twunspay, May 7, 1857. ‘This celebrated case continues to exercise an extra ‘amount of attraction for the public, notwith fhe fact that the Judge has very properly ex @eted all evidence in reference to the improper rela Gems axteting between the prisoner and the murdered (qam, and as to those between the prisoner and her co-ac @uset, Mr. Eckel The point of the marriage or pretended mesriage, of Mre. Cunningham to Dr. Burdell, or to some Bedy cle cimilating Dr. Burdell, has also beep geared, except s0 far as the allegations of marriage came @mt tm Corener Connery’s cross-examination today. The ‘range story which Farrell, the shoemaker, told before See Coroner, of his sitting on the door step of the house 3) Bend street, and of his interview with the man in his shir, roves, subsequently identited by him to be Mr. Eckel Rams alto been kept out of this judicial investigation. not being admissible evidence @emined iteelf simply to whe circumstances of ux fliveng motives which Mre. Cunningham had to ef- Seat the death of the murdered man; or, if not motives, a! @ates of trees in the attic room—the unusual light observed fhrore during the night, and the general circumstances sur wounding the care. RRevertheless, Himited as the gubjects of the investigation reporly are, the case, as we said, continues to exercise a ‘Witghty fascination for the public. The double court room Wt the trial ic progreming is packed cay afer day, Pereaghout the long hours devoted to the case, by an im menee throng of curious spectatory. Now and again the bar Stor separating the audience in the rear room from the coun @al,jary and parties in the front,gives way from the immense eeawure upon it, and some confusion follows, quickly re growed by the officers. The spectators stand in that room m dlosely packed as masses of humanity possibly can be, bene tn the back ground obtaining a glance at the Coart Ry standing on forms and benches. There are three en @mmoce into the court, one beading into the Marine Court, @& which ibe spectators are placed, and two into the prin @pal court, ove cf them for general accommodation, the ‘@tber for ihe accommodation of the judge, jury, witnesses, Boorse and counsel. The inner encheure of the court, re @gerved for counsel, is filled with lawyers engaged or not ‘qngnges, reporters for the various papers of this and other ‘@iies, the parties mort fearfully interested in the progross @f @e care, their friends, relatives or advisers, and those ‘who are 0 be called on as witnesses. There is quite a Imwpe vumber of ladies present as spectators. ‘Tere were to day over #ixty of the fair sex at one time @eourt The Judge is on the bench punctuaily at the ‘eer to which the court adjourne or takes a recess, ani) @ere is no me uselemly wasted in arguments, objec teem or otherwise. ‘Mrs. Cunningham mis beside ber counsel, with ber face Qureed towards the Court or jury, and watching the pro (gress of the care with apparentty a great deal of intelliger ' Mention. She does not wince or sbrink, or appear to be Particularly affecvd by the evidence given, no matte: Rew strongly it may appear to bear agninet her, She Bears throughout » wonderful composure. She no looger ‘wears kr veil over ber face, but some say that she use wenge. One or other of her daughters usually eit beside her. They appear to alternate with each other. One day Bw Belen, and the next day it Aogusta that accompanies Bnew. To-day both are present The young ladion generality Imvep their faces veiled; but, sometimes, when unusually Smterceted, the veil is withdrawn, and they watch the pro exedings, as their mother does, with the closest interest \Memotimes the mother and danghters whisper to one (emether, and sometimes whieper to the counsel for the de fence. The two hittle boys, George and William Cunning Ram, are occasionally present They are lively boys, with ‘sary dark eyes and black curling hair, At the end of the fing table, occupied by counsel and reporters, sits Mr Babe), bevides his lawyer and the officer who has him in G@aerze. He appears to take as deep an intercet in the regres of the case as if he bimeelf were on trial for hi Be He ta well knit, good looking man, and one whe waight be ruppored to posses great muscular gtrengih. ill he ie not what one would call a powerfully ek man. His habitual exprescion of face is rather id, but a peculiar rolling of the eyeballs gives him o @mrious and somewhat sinister appearance. He woart « wown wig, and indulges in s compact beard and mow feecbe,, very light in color. Occasionally be makes sug (@ustion 1 the counse! for Mrs. Cunningham, but generally the mite af any ordinary looker on would, Snodgrass, wo. ® Were, witting within rome chairs of Mrs. Ounningham amd ber daughters. He hae quite a youthfu) appearance ‘Betking to be a mere boy, but be has a somewhat sullen @ageet expression about him. He generally nite with hie Benet ent Jown, a# if be were writing on his knee, There fe venerable looking okt gentleman, with a clerical neck @e, Phting near him. This probably i his father, ‘Mere is perfect quiet and rtillness preserved in court ‘Mee Jodge represses al) indications of the urual private @parrings among coune!, and keeps both rides strictly ‘WRhin the troe legal limits of the care. The jury bave (@merally rome questions to ask the witnemes, and their Segeiries siways indicate much atention, intelligence av: Gear rightednees on their part. Harry Bertholf ami the ether officers of the court are obliging and efficient; ani @iagetber the investigauon ie cenducted with the utmort @ecerum OOROWER CONWERY ON THE STAND, Baward Downes Connery, the Coroner, was the firm (witness called to the stand thie morning. He came om the witness’ riand, but before taking the omth, be said, ad ering the Jndge — ‘Your Honor is perfectly aware that | conducted the tn qe At Bond street in s Judicial character, In connection ‘wha i certain charges have been preferred against me. ID weuet therefore demur to answering any questions that (ere act addrenved to the matter of fact eonnected with the @ee. | aim brought here merely to swear to the jarats of ee lertimony taken at the inquest. That] am willing to @> OF anything whiod your Hiner thinks I should do. ‘The Pict Anorney—1 doom the objection premature, Be this remem. Coriain specitic charge: are pending Sey orener 04 if 8 question be asvot f the Oor- mbich in any way affect or relates tn these charees, Gere ht may be time to discuss the relevancy of hie objec Sem and the ope ity of i, for the same reacon that s man fgaiees whom charres are pending can be compeled to ype when the answers do not impticate him- Stra ST oe eae wy Oe Attorney Rios a ee fon i Be Cape Ueno’ Mr. Pordell or Mra. Wane jour odwrwng? A Yee Tem wok it me Coroner? a. You, Y alti t : i H E i i i i 5 i Py i iT. i ii if f <¢ HI i i E j i z i 3 : efeeie ina i 4 i 4. Yes. ou are famiiar with that? Witness (after looking i b oote o ‘wt the Judge and receiving an ive nod,) es, Hi. T.’ You were a doctor all that time? A. Yee. Q@ Where did you study medicine? A. 1 studied medi- but did not receive my diploma, at the other side; recelved my diploma at Fourteenth street College; 1 gra- duated . was 2 “4 3 Q Did you study medicine in Ireland? A. Yes. Q. Were you in any medical college there? A. I Fs dae there; I studied under a medi may. Q Are you a surgeon? A. No, sir; I do not practise surgery. @ At what time did you arrive at the house 31 Bond street on Saturday, the Slst of January? A. I bolieve pir laa he oie mat go hehe geet tre ght Q Who did you find there? A. Two Ibe- deve, Dr. Francis and somebody else; 1 cannot remember distinctly. ie ‘Was Dr. Main there? A. 1 belive not; i do pot think was. @ Do you know him? A. | know him now. Q. When did you first see him, if not there and then? A. 140 not recollect whether I saw him in the room or not; but I saw bim when he was in the inquisition room. @. What was your first official act after you got there? = first official act was decidedly to commence the in quisition. Q. How did you commence #—that is what I want? A. flow id 1 commence iti—by subpomaing a jury, add going through the regular process Q. The first thing you did was to subpeenaa jery? A. Of course I saw the body and examined it a little before the jury came in. Q: Was not your first official act to apply to Mr. Eckel for a bottle of brandy, and vo tell him you would have it? A. (Decidedly) No, tir. Q Did be not furnish you with a bottle of brandy at your request? A. No, Mr. Eckel suggested ip a whisper, “pitcher. ’) . Well, & pitcher of branay? A. No, sir; it was a young man connected with Mre. Cunningham who sent to Mr. Eckel for brandy, and not me. Q. Did you weit? A. This young man wase . and be asked me to taste the brandy, and I tasted it. Q. Then you used some? te aera, erty and not @ person copnected with Mrs. Cunningham? A. He named nimself as a reporter, but I found out that he was not a nr ‘ter, but connected with Mrs. Cunningham. Who was he? A. Ido not recollect his name; he was @ young man; | could recognise him if I saw him; I do not find bim here. Q Was it Snodgrass? A. No, cir: he pretended to be a reporter, and when the w reporters came in he va- Q. Mr. Eckel was there at the time the brandy was sent for? A. Il suppose he was; not see him in the room. a many tim drink of that brandy? ‘Wriiness—(annoyed!y )—I ‘Dot answer anything more in that regard. there are charges pending agi sent time. Anything that matters of fact or anything connected very willmg to answer; I wki you I bad not brandy. 1 tasted it once; and that is all 1 know waiter; I give you that anewer. Q You only tasted it once, then? A. That is all. Counsel}—Weil, that answers the question. Q. How many times did you drink intoxicating bquors that day’ A. Witness, (with warmth) I decline w answer any eereae ef the kind. Q De you decline op the ground that your answer would diegrace you? A. My conduct is too generally known in New York; I decline to answer questions of (hie kind be- cause under ihe preseut charges it woukl be umpropor for me to do 80. @. Then, you desline to answer? A. 7 decline to an- ewer. Q. At what time of the day did you first get your jury there and commence y collect the exact tim eme time taken up ip giving eubpernas; probably the jary came in the neighborhood of 12 o'clock. @ Pid you commence, before the jury came there, to strip the body and cut the clothes off? A. Me, sir? Q@ Yen, you; did you, before any official examination, commence to have the clothes cut off and the body stri nked? A. Clothes cut off? No, sir; 1 do not the clothes being cut off; I ordered a'post mortem exami- nation decidedly, which was my duty. Q. Who did you order w conduct that? A. Lordered Dr. Wm. Koight—I believe he is the man. Q. Whe Wm. Knight? A. A physician in the city of New York. Q. Aton-in-law of youre? A. Yer; he did it, I believe, assisted by Dr, Woodward, Dr. Francis and others, Q Was Dr. Woodward, Dr, Francis or any other physi clap aewieting bim on Saturday? A, I think the post mor. tem did not take place op Saturday; J am not certain, @. You had no post mortem ull Monday, bad you? A. J do not recollect, Q What is the reazon you cannot recollect? Witness—I will give the reason to the Court. Judge Davier—No, no; answer the genUeman. Witnese—The reason I do not recollect is—I made my mind, finding charger coming me, pot to talk the matier or think of it, or eay @ word to any body about t @ Doyou mean yon do not recollect, or that you will not Zaswer pocrlion of the dhanges agenas out ik 1 ‘id pot ey that; | eay distinctly that | gave no mind to the matter after the trial was over, I did not wish t» hold can- versation with any body, even when arked a question re garding the fact 1 would not answer, because I deemed i Improper. @ I want t> know if you directed the clothing of Dr. Burdell to be cut off him and thrown in a beap against the wall? A. No, sir; I did not order matters to be cut him. Q. Were they cut of him by your direction? my knowledge, for I did not superinted the matter at all. @. Did you direct anybody todo it? A. J directed the port mortem to be made. Q Did you direct anybody to take tho clothes off? A. 1 did not direct anybody to do ro. Q. Were hie clothes cut off him and thrown tn a heap againet the wall eo ax to make spots of blood appear there, by your direcuon, at 1) o'clock on Saturday? A. I do not know of anything of the kind. Q. Then the dret official act you did was to summon the Jury? A. Yes; to cend out subpennas to the jury @ Did you earch the house? A. I did; I had it searched; | believe 1 made several searches; 1 believe the houre was searched that day subseqnently e whom? A. I beleve by Mr. Dilks aod my clerk Q. Who # your clerk? A. Myson. Q Yoursen John, is tnov A. Yes; he ie not Coroner as he ts termed, for there ie no such thing in law. Counsel—Iam very happy to hear it He ie only your clerk, then? A. Yes, sir. @ Al what ime did you order Mra, Pardel) to be kept in custody? Witness, In the house? Counerl Yea. A. Well, 1. do not know about custody; I gave the oMcers or ders ar as porsible when I found out that reveral per. were going up stairs; at least the Jury instructed me to do Be. Q. lak you when yoo Gret ordered the officers to keop her eeney im ber own apartment? A. In the afternoon of that day. 1 bekere. Q Did you send for her asa witness? A. Py the adyice of the fae Conteel—1 did not ask you abont the advice of the jary. Wiinesr—Well, 1 did; Tdid deckledly. Q Did the mersenger retarn to you and tell you that he could not come down without consulting with oursel? A. | beard that Q. Did the mesenger return to tel you so? A. T donot know whetber it was that monsenger, I know I was ip —-~—- | ataamatenninne eases witho.t eonsulung counsel. 33 > 3 bart fH A. 1 do net mean anything Q. Tha you tell the ofcere—""Go you pb J by the peck? A. 1 gave t @ Did you give directions that the offieors shank’ ber downd Anewer os eae, yeorp. A aie ook do anything of the kind, | meant, of course, that she ehould come down with the officer @. Did you mean that sberhouk! be brought dows, if sho resisted? A. 1 did not. @ Pid you know that po persom soouned of crime ean ba compelied to anewer? A. 1 de not, ‘The District Attorpey objected to thie examimation en the ground that ft has been sometimes ruled that when a wit here le produced to eprak to a mere legal fact, he cannot be croee-examined On 8 differen’ +r bjeet Jndge Davier—I in the ame que=tion in anther form that arose inst night in reference to the testimony of an. other wirnens. role in the trial of civil canes in, that where the ite party oe wines wD OD Dew mawer, Al) Bis, 9; E Ha i i ! t t He ee jon to go for it, and did not Nov aire dbd noe retones she said she had her certif- cate; on the contrary her certificate wan produced. Q. 1) wap produced afterwards. Did you not refuse at firnt to let her produce it? A No, sir. Q Where'did she get it? A. Ico not know. . and the deporiuion was signed? A. I do not know whether sent up for it or went; I think abe sent, to the best of my recoHection. {Counsel called on the District A for the marriage certificate of Mrs. Conpingham and Dr, Bro dell referred to in her depositions. It was produced. We have pabliahed it before. Counsel to witness—Look at this certificate, and seo if it is the certifieate she oroduced? A. It is similar; I cannot say positively it is; I gave it to the District Atorney. per marked by bo Attorney -You do not understand us to ad" mit that that certificate 1s any fact? Judge Davies—No; it is a paper in the case; it is a part of that ceposition ; it is part of her statement. (The marriage certificate was handed to the jury for in- Crose-examination continned—Q. Dl you, prior to the examination, tell Mrs. Burdell that you wamed her to give you her confidence, and you would protect her? seins wih 8 carta degree of amazement—'‘Give me confidence !)”” Counsel—Yes; did you say that to her? A. 1 said nothing ofthe kind. : Q. Did you not tell her you would do everything in her edad A. 1 meant in every arrangement about the e. Q. Taek you what you told her, not what you meant. Did you say you would do everytbing for her interest? A. Leaid I would do everything to make her comfortable in the houre, which I did; but not that I would do everything for her interest. Q. Did she not tell you during this deporition under cath thet Dr. Bardell got the certificate the next day after the marriage (the October) from the minister, Dr. eavet ‘A. She may have 80; but Ido not recol- Q. What do you mean by sa} in this deposition that the certificate was 4 as 1856? A. Tso) because she gave it in testimony. Judge Davies—W hat is the date of that Counsel—The 2%b of ”» that they were married on the 1. Q And she gave that as of her testimony on that occasion that she was married to Dr. Burdell, the murder. |. Did ehe tell you, apd was ‘ta part of her statement, 2 i rev pring or Janel ping om Sy like that made there? A. ‘hat she said. Connery, to taking tee- timony in courts of justice? ‘Ye q bw a beaten A. Ihave ‘bat courts have you taken testimon: taken testimony when 1] was with the press in Q. As a member of the court or asa reporter? A. Asa reporter. . Do you take short hand notes? A. No rir. Q This was not taken stenograpbically ,was it? A. You have 6 es I tok it; 1 waited for every answer and took it own. Q. You did not put down the queetion in writing? A. No str, the answers only. . Subsequently questions and answers were put down, were they not, for other witnesses? A. I only took the answers at ary time to the best of my mrp @. You filed these papers away? A. I each one of them and marked it each day. Q. I see that this is marked ‘‘firetday” and then marked “gecond day” also, which is true? A. I think it must have been the first day. Q Look at that endorsement (‘second day.”) A. 1 should imagine that that is a mistake; that it fs in the writing of the clerk; T think be writes very like me (after another look at it) t the beet of my knowledge, that is my handwriting. Q Can you give any reason why ‘t was marked “second day?’ A. I can give no reson Q That is not true, is it? A. Mre. Burdell was examin- ed the first day, I believe. Q. You canput give any reason why ‘second day” is written on the back? A. No. Q When you asked Mrs. Burdell ber name, and she ng wt to you as Fmma Augusta Bardell, did you not ask Jer the question ‘* ¥ what aothority do you call yourself Mrs. Burdeil?’’ A. I do not recollect that 1 did. Q. Did you say this—‘' ao you do it op the aathority of bis promise to marry?’’ A. | never did w my knowledge Q. Did ebe say in answer to a question put by you, * no, Iwas lawfully marriod and will get the cortifieate if you will et me?’ A. I do not recollect that she said she would ee? the certificate, a Daviee—He bas already said the substance of 7 : i | H c-) Covnsel—I want to show the inaccuracy of this paper, (the writen deporition. Judge Davies (to witnese)—Do you recollect the words ? A. 1 do not recollect any particular words; bat she said che would get the certificate, and did get it, and was not prevented. Q. Did yon refuse to let her go up to get it unless she bad an efficer with her? A. J did not refuse to let her get it at all. Q. Did you send an officer with her? A, There were oficerd attached to tach room to prevent persona from eOINg ap etaire and toterfering with the witnesses. Q Li gy a thorough examination of this boure, did you now gave orders Uhat a thorough examinaion should be made. Q. What did you find in the house as to any instrament cays ble of inflicting Uheee wounds? Judge Davies—We went over that last: night, and 1 chink that the remark which the Court made om that sab Ject must be ratisfactory to the defence, viz., that the ab ence of ary proof of that kind i the preeamp- jon and ‘Yhe strongest evidence in fayor of the accused. You could not make it any stronger by proof. Q. Did you also have an examination made of the person of Mre Cunningham? A. I had one examination made by order of the jury, of the heads, necks, shoulder. and arms of Mr, Snodgrase, Mr. Bekel and Mrs. ‘Cunmingham. @ That was made by direction of the jary? A. Ther inetrvcted me to doso; I made the or ter. Q. Did you alo make an order te have an examination of the perron of her daughter Helen? A | did not Jodgepiavies interrupted the examination. Counsel for defence—| want to show that not only ww the house rearched, and no dnetrument found there capa ble of commiting the bomicide, but to ubow (aa I will abow by medical tretimony to be introdued by the defeneo) that it ® @ phyrical imporr tity, with the amount of resttance ch istbown to bave been made by Dr. Burdell, that oe ye marks © nee, I therefore want to show that ev ones non bewre was examined. = judge Davier—| cannot permit anything except in re ference to LJ rerey Counsel—Not that the daughters were examined? Judge Daviee—No, sir, not at all are not on ial ibere }* no accuration against them, and I shall mot any to be assumed for the purpone of haying it re w eceant i offer the evide: ‘ounse! e evidence, and ‘exception to the repo tw ineee. What did ep eortificatet fo Witness— What fon do with the A Afier the inquirition I had the proceedings of each day in iteelf, tied them up, and eft them in che usual office for the use of the Distriet Attorney and Grand Jury. @ In this (exhibiting & paper) the ay mortem examination you had made? A. Well, peak ing, there Were several pon: mortem examinations mace; the mortem was made by Dr. \. im the presence, I we, of I Woodward asd omsetanor tow. torn whore names 1 cannot recollect just new; ly, by order of the jury, when the tine a, J in the howe) wes trenght ton eee en ote mortem certificate (Wednesday, tbe handwi o Sve Q Your A. Yea. ‘etal. @ Mra. Burdetl desire repewtedity to see the body of Dr. Bordell? A. Not to my knowlege. Q Did the ark you 0 let borer i) A Teter she asked the clerk; I was not present and did not hear her to at ber testing grom Q * room wee ‘that Aatar. day afternoon? A. | believe in the second floor back room. 4 Where wae the boty at that time? A In the front room. @ Did the im the prevence of the wh from he privtinge bo go to kad ree the dee Cod), ced a you refers H? A. No, eit: 1 did oot, ber then snonsel poke of ber wih to go to, and raid ht would be tmproper for ber OD new matter, be makes | to do ro: thet ie all T know @ Who was ber counee? A, Mr, Ghoehan. A. He was tere witheut Mare. ‘TRETIMONY OF ANDREW L. BYANB. Andrew L. Byrne examined by the District Attorney. Q. Where is your residence? A. 25 Bleecker street. @ Is Ht in the rear of the house 31 Bond street? A. Yeo, sir. Q. Is # directly in the rear er obliquely? #. About direct- hy ip the rear. Q. Do you, on this Briday night, know as respects the situation of your room, the position of Dp Surdeil’s room? ‘A. 1 can’t see Dr. Burdell’s room from the room I occupy. 'Q. Cap you see the rear of the house from A. I can cee @ portion of the rear of the house not Dr. Burdell’s room. ' i can see—for there is a stable fence een two bonuses Q. At what hour did you observe this hight} A. A} half- part two o’clock. Q. In which of ese two windews wooden model) did you see the light? Witness polmted out the room as one in the third story, in the rear part of the boure. JIndge Davies—What was the time? A. Half-past two o . Judge Davies—What is your reason for ‘that boar? A. I wasin Brooktyn, ata party, and did pot Jeave there tll half-past one; I got home at two, eat in the ball a Melle while, went up to my room, raised the curtain, and saw the light in this houre, ‘To Counecl for defence—There are beth stables and a fence between these houses. : To the Court—I ocoupied the large room in the secend story, rear. TESTIMONY OF FREDERICK FREDERICES. Frederick Fredericks examined by the District Attorney —Is a ballet master at Burton’s theatre; resides at No. 33 Bleecker strect, next door to the houre of the last witness— the house nearest the Bowery; bis bedroom is on the third fhoor back, counting the parlor floor as the frst floor; Cap- tain Dilkes came to see his room; from that room can see two houses in Bond street: Bleec\er street takes a saarp angle at Crosby street, and it is on that account that these two houses in Bond street are vieible from his room; these houses are Nos. 31 and 29; was out of town that af- ‘ernoon at Yonkers; goes there every Friday afternoon; Luis usual time to leave there is half-past six, Dut in conse- quence of the storm he did not get home that ni un Dine; took hie dinner then and read for some time; pot 0 to bed till half-past eleven; he fixes the time because he ‘a clock in the parlor w! keeps exact time, and a watch which keeps good time; his bedroom clock had stopped that morning on account of the cold; went to bed precisely at balf-past eleven; he keeps bie clock and watch exactly alike, as business requires him to be punctual. Q. Did you have occasion to, or did you casually look out of your room window in this rear house? A. No, sir; T did not bave occasion, nor did I look out; in stiting al my ressing table I caught a glimpse of a tight in a house. Q In what story? A. lam eure it was in the second story; I bad tbat directly in my line of vision. Q In that house? A. In one of the two houses. Q. What was it that caught youreye? A. A lightof some kind which was moving the same ag a rocking chair —as if a polished chair was rocked—and reflected the light from a glaes; 1 saw this distinct movement, which caused my attention. Q, And you are positive it was the second story? A. I am positive as to that, Cross-examined by counsel for defence—is 35 years of age; bas lived in the city for eight years; have been en- gaged in my present business all that time. G When’ was your attention firet called to the fact of our having rees that light?—when did wink about it reain? a. ‘Not tll the tenth @ay afterwards. Q. And you are not whieb of the boures the Positive ight was io? A, No; it was in one of the houses that are 2 view fom my window. Q. Can you say whether the shades of the windows were down or up? A. deannot; the night was very obscure; I raw ould the obscurity of peda agence here neeing o light? A. Perbape it ‘not if 1 head particu. vp poo ‘it was showing and raining very hard perl @ it we l. Wert spowing and raining very bard then? A. I think it was, Q. And that, of course, made it difficult to see through the atmorphere. Next day was a very stormy day? A. Yes, very stormy; I did not go out. @.’ Do you recollect that there was considerable snow? Q. Did tt now before you gyt home that night? A. Ide not quite recollect; I came home very tired and fatigued. TESTIMONY OF PREDERICA #CHWANTZWELDER. The house of this lady is one of the two vieibie from the room of the last witness; the object of the examimation was to show that it was not in ber house the last witness had seen the light. Examined by the District Attorney—Reside in 29 Bond treet; my bedroom is on the second story, back room; it ® the corresponding room to that which was occupied by Dr. Burdell; went to bed at 20 minutes past 11; I usually Kept the under shutters closed ; they were that night; they are solid wooden shutters, and close up tight; wi [retired 1 left but a email jet of gas on in the room; I let it down to about one-quarter of an inch; just so that it would burn. Q. How do you fix the time of going to bed? A. it was about five misutes past «leven when f wens up stairs, Q. How do you kpow that? A. By looking at my watch; J wound it up before gomg to bed; it took me about fifteen minutes to get through; the shutters were cloved up to the time I turned off the light. Cross examined by Counsel for defence—I have lived in that house three years next October; my bedroom was on the same floor and same room as Dr. Burdeli’s operating room; the hall of my house adjoins bis room; I went up to that room that night at Ove minutes past 11; I romained there alone for rome time; 1 was awake till my husband came in at 12 o'clock; he’ retired immediately; did not bear any unusual noike that evening from the room of Dr. Burdell; remember the Saturday evening prior to the sale of Dr. Burdell’s furniture; heard nolwes that evening from that room; 1 was then in the basement of my own went up stairs to my own room and heard noises very dis Unetly; it was as if some persons were crying murder. (This had reference to a number of experiments which were being tried as to the likelihood of noises in Dr. Bur. dell’s room being heard in the next house.) Four gentle men came in after that to my house; Dr. Uhi was one of them; they arked permision to let them pass into my room: my attention was not called to the circumstance that experiments were being made; beard it in the barement; did not go up stairs till the gentlemen came then heard it distinetly; could bear the nowe of a person falling; the cry was very distinct; during the early part of the evening of the 90th day of January, I was in the front basement and heard no nowe there; the firet | knew of the homicide was nextday , I did vot «mell anything parteular that night. To a Juror—Did not open my window after I went up stairs; the lower shutters were closed, the top part has a shade and when I retire 1 open the top ebutters; I dil so on that occasion; Tthink my basband did not tarn the gas on after he came in; the shade was down when I went up stairs, and I drew it up before retwing; then the upper part of the windew was clear, there i# @ light in the bail abe vt three feet from the door, in the second hall, an! I left the door open so as for the light from the ball wo be thrown int» the room. TESTIMONY OF CERISTIAN SCHWARTZWELDER. Chrietian Schwartzwelder, examined by the District At orney—Am the husband of the last witnese; returned about 12 o'clock that night; the likht in my sleeping apart. ment was yery dim; hardly any light in the room. Croes-examined. ‘That night was foggy and stormy; don’t think it stormed when I went home; don’t think | could very easily see the number ef my door pla from the steps that | Es unusual emell in the atmeepbere inside or outside; 4 no unusual nowe that night, retired immediately afler I got — do not know whether the shutters in the hail were loved. Mrs. Schwertzwelder (from her sent)—The rutters in the hall were clored and the blinds drawn. Witners—I do not know how the biinds were in the bed- room; I tarned off the gas in the hall; 10 not know whe ther I turned on the gas in the room; the bed is about the oe beard nothing during Joror—I vy turn off the gas in the bedroom or ne * ul . Capt. Ditks recalled—1 went to Mr. Frederick's room in Bleecker street; the two houses which you can see from that rrom are 2) and 29; the top Goors of G1 Bond street have dormer » indows. Crone examined. Theee houses, 29 and 31, are similar in appearance, ex- cept as to color. TRETIMONY OF FLORA FORTER—IB MRE. CUNMING- BAM LEFT-BANDED? @ You are one of the matron of the City Prion? A. ‘Yen, str—day matron. Q. Bow long have you been thera, under the empley of the Governors of the Almshouse? A. Ever since thelr ex- anything to eny about it. TRETIMONY OF LEVINIA PHELPR—wRA. CUNNING HAM AEWS WITH HER LEFT HAND, Q Have yom noticed the use of her hands in any ooru- pation? A. Vow, rir. @ And what did you notice? A, That sho used be, AY, MAY 8, 1857.—TRIPLE SHEET. - @ Wes be your Jeft-bacded pers oes, $m using the scissors, th eedté and cross-examined—Mrs. @unoingham has com- ill while she was with you? A. She did BLOODY HAND. @ You are atiached to the Fifteenth district police sta- tion? A. Yeo, sir, @ You were ordered to goto the house No. 31 Bond @. When you returned again to the body in what condi. tion were your hands? A. eft 3 You wasbea i? a. Yea rt eepreniiian How log you remain house No, 31 Bond street? A. Perhaps ten minutes. Q. Not lorger than thai? A. No, sir. @, Then you went back? A. Yes, sir; went back to the station bouse and reported my self. Q What door did you go out of? A. The front door on the first floor to the street. ‘Witness cross: -examined.—Q. What Past. of rou, hand ly? A. The whole of my left hand, is the of my left hand; it was caused by turning him red it on the wall or Danniater as you went think not, sir. you rub iton the door? A. Ithink not, sir. was there when you went in? A. Three gentle- were they? A. I don’t know; they were im the en I went in. re you left handed? A. I am. going out of the front door did you use your left ? Ad rir. ‘You opened the deor with your left hand? A. 1 did, A Juror Did you get any blood upon your right band? A. No, sir. Q Were you aware that your hand was bloody when you went out? A. Yes, sir. Q@ You did not touch the bannister? A. I think I did not; I was very careful not to touch anything because my band was bloody. Dutrict Attorney—I have sent for Mr. McGuire, whose evidence will be very short. We have found the vaper that was lost, and with the cross-examination of Dr. Uh) we will close our direct testimony. TESTIMONY OF DR. UHL—THE APPEARANCE OF THE DEAD BODY, BLOOD, ROOM, FURNITURE, TRACES OF BLOOD, ETO. Dr. Uhl was here recalled, and his cross-examination contivued — Q. When you went there, sir, did you notice particularly the appearance of the blood in the room and on the pre- mises in that neighborhood? A. I did, carrfully. @. You have stated that you bad large experience in this kind of examinations? A. 1 have made a large number of them. Q. And for that reason was of course called to the mate- rial points? A. I have made it a point, a speciality, to examine these things in all such cases where J was callea, or where I bad an opportnnity to do so. Q. Did you look into the cl near where the Doctor lay? A. We went into that closet and examuned every of it carefully, but could not find a single spot of hood Q. Was there anything that had any resemblance to blood? A. Nothing at all. Q. You examined that with a great deal of care? A. Hi oie bok #3 F, Bra Bee ‘Who was there besides? A. Dr. Main; beshowed me the exact position in which artist Bz 38 -t : tween the apartment, on doors, the wall the closet door and the door leading into the hall. Q. Where was the centre table and secretary and mahogany chair, A. The centre table stood near the centre of the room. ). rocking chair was on the other side of the table, toward the fireplace—was there any blood upon that? A io, vir. ‘G. Was there any blood upon the sofa? A. There was none. Q. Was there any blood on the paper on the centre ta- bie? A. There was. Q State what kind there was upon it. A. There was very little blood upon it, and it was round drops of biovd. @ It was not a spirt of blood? A. No, sir. The Court—Could a person +itting in ‘that chair by the table wee to read from the gas which was burning between he two windows? A. Very readily. Q What traces of blood beyond that towards the win- dow did you find? A. Tracing from the table to the win- dow, or, rather, to the dental chair between the windows, we found spots or marks of blood. @. Do you recollect the number? A. There were not many, obly afew; there were a few drops of blood upon the left of the table; starting from the cental chair, and go- ing towards the body atthe door, there were ako afew drops of blood—that is, passing from the window round the fireplace to where the body laid. Q. Please state as near as you can, where those drops of blood were, with reference to the fireplace. A. They were outside of the fireplace, between the rocking chair and the grate. @. As thongh the party had gone outside of the rocking — A. Yes, sir; there waa plenty of room here to do thay Q. Were there not marks of blood on the wall or ay other part of this room? A. I did not discover avy. Q. How t thé wall from the secretary to the mats? A There wore more or less drope of blood ‘here, @ But none on any other part of the wall? A. Nono that I could discover. Q. None on the tide near the fireplace? A. None what ever. Q None on the other end of the room? A. None whatever. Q In your medical opinion 1 ask you from the pesition of the furniture, from the location of the drops of biood—1 atk you where ihe first bloow was struck? A. I think it was strock whils he was sitting in his chair by the secretary ‘The Court—And which blow was that? A. The one in his shoukier on the right claviele. . In what direction, then, did Dr. Burdell go after wards? A Towards the doos, ing from the spots of Dieed and the evidence of the “Ke. The Court—Towarde the door? A. Yes, sir, towards thot whieh is into the hall. @. Where was the party when the blow in the left caro Ud was struck? A. Tcannot tell where they were stand ings Wt ie imposetble to tell. e Court—Give your impression from the appearance of the room. A. Ha might have been sianding in front of } ad coor towards the mide of the room, or a little towards 1e door. @. How near the door? A. Weill, they must have been very near the door. Q. Was that blow while Dr. Burdell was standing or while on the floor? A. While he was standing. Q There ix no dowtt of that? A. None at all. ve ‘The evidence on the wall evidently show that? A en, sir, Q. In Ptriking a biow Into the neck by a person standing in front of deceased, what would have been the natural manner for bim (Dr. Burdell) to have turned in trying to et ovt, the other party standing before him trying to vtop m? A. He would naturally have turned his head upwar.l and backward. The Court—That wouk! account for the spots of biocd upon the door? A. Very satisfactorily. 'Q. When the dagger was withdrawn the blood woul! spirt out? A. Yee, sir. Q. Woud the time taken for the jest of blood to flow do. pend upon whether tt was inepiring or expiring at the tim’ A. To a greater or less extent. ). Task you whether one person, with equal strength ot bre Burdell, cr uld bave inflicted these ‘vounds without “7 marks of the struggle or violence that on . [should Judge there would have been mar. of violence left upon his person, Q. Did you look particularly at Mra. Burdoll next “lay a x she had Somer — A. I did, ). Just state to ry circumvtance? A. I went to the house that day, and went up into the room, my euppe very much against her; 1 observed ber : z z i is Lf Q. Rew, rir, after out into the hall, 1 wish woula state the traces of blood that you found there? CourteBefore be goes out I would like for him to state I believe that je what they call it; it wae a drop of the right hend side going own. Catt Which Might, Doctor? A. The flight loading dt found it—wes it onthe moulding of the bareboard, oF nine banebourd Weel? A. It waa on the maulding of tho bw eboard Q. Where wae the next «pot of blood? A. On the wall down staire; 4 wae pretty high up, because T had to pot my hand np to show where it was @ Wovld it be a natural movement for a person go ing down stairs in the dark to put his hands up in that way? The Dietriet Attorney objected to the qneetion. Q. Where next did you find drope of blo? A. There was another drop of blood op the Tocesnoni, Jost beyong tho Parlor door going to the back yard, on the right hand? Q Where was the next drop of blood found? A. On the ‘Opporite vide, or by the B ludle or haltway true the het of ae pert, about the the reting: the poze mretet bead was on the Derement +taire into an, rerebans wes yd It os side towards the binges, about half way a] ‘Q. What kind of @ pet wast? A. Ityae'e by a per-onls Ginger; 1 remarked at the time ueb like the cne upen the street door. * Q. Did you go int: the harement to ree if, any blood there? A. Yes, 1 looked ment snd could not find any more; I lost all berger ‘eet taial Q Te e you find blood first hatl on the first floor, other than you have described? There was a drop of »lood on the inside hall door, on the: floor, right by tue ell, om the right hand side ‘out of” the doen, there war ener blood on the first foot . How, ip your judyuwnt as @ medical map, those rope of blosd Ym the'r xin up etaire coma One Tistrict Attorney—It seems to me that is hardly a modi. cal question. He’ staid the facts, When they are given, it seem to me that the e his duty ends. It ia not a part meeival experien + to tell how the blood came there. Counzel for defence—But this objection came too late we made the same objection, but every one om the stand Las been acked such questions, Q. Tak you wow, Doctor, how you account for the drops «f blood in this reom and in the ball? A. They must have: ‘ome frem the person who did the deed; they could not Vave come fr m she Doctor. Q. You man the drops of blood spoken of in the room: yoing ronud from the :ecretary to the door, and do you nelude ip that the drop found on the newspaper—the 5 ithe was laying on the centre table? A. Yes, ir, Court—You apply this algo to the drops which you found nihe hall, op the ~ wiry aud on the basement door? A, bat ix the conulu-ion which T formed. Q. When you say the drops must have come from the Person who “ mmitted the set, do you mean, sir, from the clothing of the person who committed the act? Tistrict Attorney objected to the question, Cour!—T dhink it & very «peculative. Q. Would the clothing on the person who committed tho act soxd.orb the blood that it could not have fallen it rope that way? ° Livtrict Attorney objected to question. The Cortt—Tsuppore no one phir whether it was Drv Rurdel’s or apeher pervou’a blood. You may ask hire the question it Dleod npon the clothes of a person would drop off in dr hat way, a Counsel for the detence—Let him to that question. A. Tehould suppose the blood wens tere be absorbed in the clothing, apd fal off rather in spatters; these drops were peculiar; they were round drops of blood. Q. You examined that particularly? A. I did, ant called the attention of people to it particularly. Q. They were rot marks of the foot? A. No, but round drop: of brood, N under the preset tien and dissection war impossibic tosay 10 a certainty wl p by a rightor left banded person, for in all suck Lecesrary — ‘ou need hot give the reasons, for defeucr—We desire the Honor please, for particular purposes. 2 , then, Roetor. ip abl these cases everything depends not oly upon ascertaining the external position of the wound, but aro in ascertaining the extent and depth and direction of the interna} wound, Q. Cap it be ascertaines from the wounds which hand inflicted them? 4. There are a few instances where it hag been devermined, but it alwags required great accuracy and care. Q. What was the condition of the body when you made that gxamipation? A. TI would like to explain how I made that examination, nee Court objected, as the matter had been gone over fore @. The body had been opened? A. Yes, sir. Q. Had the internal viscera been remoyed? A. I b@ tieveso; Teaw the beart there. Q. If the internat vierera bad been removed, could thing be told with certainty as to the direction of wounds? A. Ithink not; the probing was done by Dra, Franeie and Main. Q. Task ) our opinion ax a medical man whether those Ddiows were infticted by # person who had a good know~ Jedge of the human anatomy, or any of that know- ledge? 4. Weil, l vever examined a accurate blows were given. Q What dogree or extent of anatomical Doctor. reasons, if your it evince in the varty giving the blows? A. He must heve bad a pretty ‘omer aie Auowindge of tama atom if only our biow had beep given thus, say the ane in neck, it might be oomtwered |; 1 could not have wondered Bt that; we Take examimations Speers L229 are cus mp ‘and there is ealy ons fatal wound, Q. As you have bad so much in caseo of suicide, how do people attempt to cut their throats when they want to eommit suicide? A. Nine oat of ten cut the larynz or tireat and fail ta their intention. Court— I dou't think #e ought to instruct people bow to comm t suicide, 4. The bow in the right shoulder, how was that? A. Thit war } part; the sub-clavian artery runs in that Girection Q. And was very badly wounded? A. I think not. Cout-—Dr, Wood said the sub-clavian artery was not iS Be you know whether it was or was not wounded? A. 1 do fot. Q. You dint dissect #? A. T din not. 4. Was there any mark of violence upon hie face? A, ' pon the bridge of bis noe there was a slight mark. Q. How was that probably caused? A. It looked tke a brome causod by fallfog against something—hke a contu- son Court Wbicb might be caused by falling on the door? Yeu, or dy falling against anything. © Wes your att ption called to this mark on the neck? « It was, particularly. Save when the Body got cold’ it coukl ‘easily upon ft, be f nti) tha body was burned, with sporial reference to that point, A Ana it grew more felut from day today? A. Yeo, sir, Q. Would an anatomical disection of the brain have de- termined whether there bad heen any violence? A. An anatomical dieoretwn of the brain, if there had been any violence, wou d bave determined that. @ But there was no anataical dissection? A. Not to- my knowledge, Counrel for Mrs, Cou ingham—TI wish to call the atten. lon of the deetor & one of the wounde—thia wound ¢n the Jeftarm,+— ken of by Dr. Francis—but he did not der + xamining it—t ark you ifs ou examined i? Witnere—W hieb owe do you mean ? ‘Couns ol—That ome on the left arm. Witners— Below or abeve the elbow? Cour ch-Below; give the position of the tes, and) what time the wouba was recived? A. You have the po eition; 1 do vet think it wae probed ip my presence. wr fourt foe cannot A Vitarve.—T recollect pow it was probed in presence, Dr. Carmebaa asked »e to have it probed. Te Q Now, sir, just deveribe where it wae? A. it was be tween the bore and the arm. A Juror —The forearm? Witness -—Just below the bone of the elbow and coming out net below the upper part of the arm. &. Where must Dr Burdell bave been at that time? A. vm to ward off the blows. eleven o'clock to one, what 7 that house, and how would it have continued #0 as to be amel there? A. bare bad po experieoce, The (urt—You bad better put the oase cxactly as to he burning in the attic. ‘Ibe Arto ney tieneral.— This is not a medical qneation. ‘The witnese.—1 have barned leather in my house—ia. my room, Counsel—Very well Dy. Carnochan has had experience, ‘Tho Court—Just ak bim about it. @ Ihave om queenon, Doctor, whether these instra- iments shown to jou last ‘night could have ioftieted theno wounda? The Court—You need not answer that question—(to the counsel) he ane wered it lat night and said no, Tremem- ber it (To the Jury), alt not you understand Kt so, gentle- men? (Several jurore)—Yes, «ir. ‘The Court—Doee the General wish to ask the wrikners any questions? 1 Attorney Gonoral—Q. Are not the sician of Mre. Conninghem? A. 1 gad i @. For how tome? A Ihave atenaed ber ora year and a half. . i mortem examination not be ing a proper one:to what Ud you refert—the manner in. it war done, oF the extent of it? A. The whole manrer of (he exaniination Q That what wns done was pot done correctly a far ap. it4id go? A. Wel, I don’t think any of R wae done cor. reeuly. @. tia you see ® while it was going ou? A. No, air, 1 did not nil, what was the object of this ex: -Vbv eramination at which I was present? Counsel Yes, sir A. It a $0 determine merely the extornal ihe wounds and their leugth, #0 as to decide w! the knife which was shown to me last night coud have pro- duced the wounds. Q. That id not require any @issection? A. No, cir. Q. Wasn't that all that was wanted to dot A. Certainly not. . What aloo? A. They warted to dissect wounda, determi thelr deph and ihetr bean . en Q. | think that you eal! that what you saw waa for that: pose? A. Teald that I saw the examining exter. tal wonnda, vi bt Q. Didn't yon toll that by the probe? A. You could no determine with any degree of accuracy mpexs: tell wih any degree of neenracy jorge — Q. You spoke of when yon went in and Bidgham, and your suspicions were aroseed: you emeoneh her, avd she hada cape pon her neck, and hen you ’ shouk hands the cape feli to eli Sen ber wen ape fel her shoulders? A. Yee Q. How wae rhe dresed? A, 1 ress: it war qnite hye Q. How low? A. It wae what T calla low necked dread, Q. About what relation to the @@@ she har o . (Mie, Conningham rove to give the J 1 yoee ition of think it was a morning: A AN opportinit waco.) A. It spears to me very much the Som’ na pe be dress was made with what the ladies call ® Q. “Vou took be Ml of her hand to examine ber: ¢ nd tnen Hover? A. Mo, vip, 1 did not Q Theo your examinatioa did not amoust wo enyuing Jou did not see aby Rashes yam ker porsom, yor