The New York Herald Newspaper, May 8, 1857, Page 4

wae thetr bps ren, or so many of them as we important. We bi call Bar daughters, wh wore la house Gast night =-who with ber, and who were with her atthe time tuoy say Chis murder was . Woe will call these Little boys, and they will tell you al! they know that trans. pired that evening; and if we deem it mecessary we shall Call young Suedgsass, aud Ube Aliurney may ques- Gon kim ao bis beart’s content He bas hold him to bail in $2,500 a5 a witness. Why does he not calt him? Is tt ab) a bat the truth that the District Attorney wants? ¥Fet he has left off the wituess stand every person, with one exception, who was im the house on the night of tho murder? Does he 5 ¢ Ubab ali in the house were pury lo the murder? ‘be suppose that the daughters of this lady, that her litte sons, that Snodgrass, and thir eervant girl, onc and al! were concerned in it? Why not call them, apd extract the truth from them? Gentle men, do ) ou beliove it within the range of human possiti ity that “this lady could have committed that murder on that night Why, if you are not satistied of tho utter im- diy Of wuytaing of Wut kind, you will certaialy, fore the case ends, be satisfied. The District Attorney told you that whoever aseassinated Dr. Burdell must have become covered with blood from head to foot; that it was no figure of gpeech to say they must have waded iz pools ood, Would not, then, the marks bo carried overy- where tho party went! This houso was searched from collar to garret, the premises of Eckel were searched, every oue in his family, every one in the family of tho dofcadaut, every spot of blood, every grease spot on tho clothes, even the fruit staius were all oubjooted to cheml- cal nualysis, Could they have covered up the evidences Of the murder if guilly of i The thing was impossible. Again, with regard to the stab which out the carotid artey. It is a downward cut; and sup; the cector (as the mark of blood on the wall shows) to bave been erect when he received low , tue man who inflicted must have been not only strong and mnscular, but much taller than Pr Burdell, That the doctor was standing erect is showa by the jet of biood, and then the blow being given downward, you can seo that it must have been given by a man much taller an Tiarvey Burdell. It was given, too, probably by one hav. ing anatomical akill. ‘The physicians tell you that it would ‘ve difficult to plant blows vo ettectuat! Atal man mnt have done it, Who is that mat We are uot public pro- secukae All that we kuow the yen he Tt appeace before ‘he Coroner's Jury thit vari ‘saw Harvey Burdell on tho day of this murder. in appears (bat one indivi partionlarly, had anap pointment to :«° Lim im the crenivg, and that he saw him Late thatafternoon. He was the ovty living mau that avy business wilh him, or bad an appolntuweni—zo far ag the testimony before the Curoucr shows—on the evening on which he was killed. The District Attorney in his open- ing, raid that Dr. Cox saw bin on that day. Why ix he not here! The District A:torney promised to produce both Dr. Cox and Dr, Blaisdell, ia bis » Why bas he not produced these wimesses, particularly Dr. Blaisdell, thay ie might be acked if money was not to be paid to Dr. Burdell that night, and whether he was interested in the money to be paid him, also for what purpose the anoue) wae to be paid? Take that fact in connection with the fact that no moncy Was to be found on his person. We are not, I repeat, public prosecutors, but, as good citi zens, we give the District Attorney any information we have. Prove, said the District Atioruey, who has a gealer motive, if you donot, the defen tant ought to be conyictd of Ohis crime The rules of law reversed. T regret to see the public prosecator call upon you to reverse the rules of law, which is in effect to violate the rules of law. To re- ‘verse the ruies of faw and hang the defendant unless she will prove whois guilty! Unless sho ts guilty she have the knowledge of who is guilty? Thore other circumstance which will be proved before you in regard to this defengant. I bave already alluded to tho assertion of the on the defendant’ Wistiet Attorney thata mark was found Ya neck, as if she was engaged in a death a Tfebe had been engaged in that encounter of death with Dr. Burdell uot & tow wounds would have beeu ia- dicted on ber person. Were there avy marks of Buch w Lor persow. That uatler was iuyoul- gated. Suspected as she was, iad the examination of her person beeu made with decency, and ty one of hor owa sre never would Suave lisped the first word of coin- ylalut. But the Cardnur.took it iato his wise hoad to act asthough she were guilty. He had her examtned, ant althoug ir the result of Gre examination is such that we are Douna + introduce it bere, ax calcviated to show no participation i the decd, yet the mannor ia which the extuuiuation was peiorieéd, by men, in the presence of Joly Lonnery, wpolit@uan, as well us the physician—the manner of fthat was such as to strike every human Delugga Whi city. with unutterable dixgust. You, gentle meu, you Can understaud me when I say that this woman has been deprived ofan'l her rights, “Tt was not cuoush that she sbonkt be locked wp as a prisoner, bat she, the mother af grown op daughters, should be subjected to ths indignity of boing stripped naked as when sho came into the world, every pitce of her flueh felt and examined, with & view to nce if there were marks of violence. Yes, to the ‘everlasting condemnation of that wretch be it spoken, who ordered.it lo be done, She was made to expose her person to the prurient curiosity of that wretch who sneered on the stand yesterday, and who called bimself “Deputy John.” ‘You raid that he did not want to answer he was present. That stripling allowed tbe in there tat he might gave on the naked form! If there ever was a wo- tan whose feel have been outraged, and who war entitied to sympatl at the hands of a jury, itt this wo moan. I know not why the District Atiorzey sbould say thatebe was disented to all sympathy, If sho had known her rights, and shot down those who atlowpled thus to expose her person, sbe would bave been protect- €4 by law and acquitted by a jury. The Coroner had no right to proceed go. Yet the result of that examination ‘was that no wound was found on her pervon, and for the rew on that she had nothing to do with that dark deed of Divod aud » This Gict speaks trumpet wucd in her favor, Under the indierment and under the proof the procecutor cannot ask a conviction, except you find that sho wrs siding and abetting in the murder. Here, then, you have a prosecuson wot only falling to prove anything to Cetablich the case, but ia addition proving tho inneceuce of the defendant, and in addition ta that you will have evidence to show the impossibility of | us g anything to do with it. We will int oduce an of evidence. It was said, aud the circumstance to raixea feciing of prejudice against the de than eny thing e—bow could the murder be fonda commitied in the bowse aud the inmates not hear it? Tuey would prove by wituesses who bad fur two hours auade experiments on the premises, that with the carpets iinpossible for Burde!l to down aud the doors closed Ht was utleri; any onc in the room occupied by Mrs. bear a body falling or a oud cry the room im which Doctor BurdeH was killod. Now, gentlemen, what becomes of this case? The District Atiorney thinks tweive men went upon the stand as jaror: turd testified they believed that somebody in the howse must have known about this murder, and that ts enough, he would haye you think, to induce you to believe that such was the fact Yet, Gd Le aed bo Use bortsiun ly you world have co ouy given by tho withessen ow no such conclusion, f have thus, geulemcn, gone over about as auch as Tin tend to sey in this ease, I ha felt that the remarks I have made have been unnecessary for the reasons already plated; and yet ia cases of this te open their case, and to do in thiv respect what they would even if the case were doubtful. The District Attor. ney bas pressed this cave in such a way that L have compelled to make #tronger remarks im regard to his course than 1 otherwise should, And while yo ‘were sitting there listening, and while I was Ii his eloquence—to his cla jons—to the sk he drow from remote history of desperate womon, | Co ud not Dot remember that in tha! dine there was a crimo so bal planied its feet upon a through the public bear atiomon, the Dlack 2 catalogue of sin, which fostered and gangrened in the hearts of those into whose bands were commited the justiog; aud Usat crime exivied risoners of capital criines lation of jastice | exe Crimes Wore shy c ial murders. The of the Ittrict Auorney him -oif i about the only thing which bas recently brought to my the re tmetnbrance of those crimes. It would sceu ough and yet 1 know it iv not the Lact, for a kinder hearted & more accomplished gentleman, or aa abler lawyer hare seem or never tnet—yet I say if we were to i hits by that single act, we would fudge him to be one of the fioreeet and most demoutacal of his race. Gentlemen, the | case will now be sulinitted to you. I veuture to say tat | efter you shall listen to the testing we shall offer, the Jleacantest duty you ever pertormed im your lives will be and rem from her this cloud © long hovered over ber heat. wee which has i resokce that y ¢ ber whole family, one fay, whose thick ‘folds her and entangle them through life; but it will duty to pour ¢ m, the of! of wanvolation, and th =, lo say to ther tty { 2 onuet of jas to protec have nt leet got and thet you #ili rend th 1 of Luis Daseiesa, Ahi amon al caarge. When you lis you will bave sattsied your consciences, and the whole community will have rs ul son to award you the thanks due to twelve honest, upright mea ys TESTIMONY FOR TAR DEFENCE, At the clove of Mr. Clintou's opening epeech, his asso. Gia’e Counsel said: “We call ax the first witnoss the Rev. It. Beecher, of far. came forwart, and b mony — yringy."* %, Dr Beecher thon following testi DK. BERCHER'S PVIDEROR, @ Pr. Beecher, give your full name and resitencet A My name is Lather F. Hoecher: I live at Saratoga Springs Q. What is your profession? A. Tam a clergy aw and teacher Q Of what denomination? A. OF the Baptist chure Q Did you knew the late Dr. Harvey Bordel!, of AI did. @ Where did you become acquaiuted with A. At Saratoga Spr ini @ Wheat A. In June, 1856. Ito you become acquainted with on the Stub of daly last. ler what ctroumstvncea per to me saratoga Springs @ Do you kuow the prisoner now at the bar? A. Where and wh certain : led? AL am not wherg brs. Cusniee A. AL the house De you reouilee! whetivr } with her or m seo) watk or ride out what they did A towethy A. Trees nthe carctage twol at boarded at the same , col weer to jorstood yuu to say they role out in ¢ lage af tae Institution, from which I conciiied it was suo a borden : vwrding Witnew—Mt te a schou! nine mont! Bovth in the year, and ten tn the puummer thee i a vacation, aad ducing tuat from | 4 those mex been with us that | kind counsel are requ red | > to | not called upoa to throw | ies 5 Senin punee: the highest grado for fami-’ ‘The Court—For etadeuts ouly, or auy person? A. For j One. what I wanted to get at, A. Ys 0) ‘ has she been there? A. From about the Q. How 6 SSptomber tant . Os. @ And she has been there over since? A. Sho has. Q. Whatis her age? She is iv her fourteenth year or @ litle over fourtee nD. Q Whatis her mame? A. Congas. Trisoncs's counsel—She is the third daughter. ‘The Court—Thove aro three ¢ Prisoner's Counsel—There are three; she Is the third. tho Doth day of Ja- Q. Were you in this city on Friday neary last?’ A. I was. Q. At what hour, about? A. At about one o’ctock; from a little before to a little after one o'clock. _ Tisve you a brother residing in this city, alo? A. I we. Q. Whom did you see at No. 31 Bond strect, on the oo- casion of your visit there on the 3¢th of January last? A. Mrs. |, Migs Van Ness, Dr. Burdell and the boy who admitted me. Q lb wea room, siz, was youinon that day? A. In the sir, when you wont into tho room, whether ar found'Dr.‘Burdelt a the back parior, oF ic he came in afterwar is? A. He came inaferwards. Q. When ho camo in who was in the room berides your- self? A. No ono but Mrs. Laon Q. What was his fe ae towards you | over upon thet occasion? A. Tvoticod nothing unusuat. a morning of seelng bow tha chairs, the furniture were dis- ered, Q. Did you, air, at that timo mako an appointmont take ber Helte wae 3outo Saratogat A. 1 stated that she could go with me. fi The ayes ahh i) Di you make an eppoiutmeat? a hit i the Conrt-Never mind the particulars; answer the question. Witncss—Sho wat to be rent to the Hudson river de. pot the next morning to go with mo to 4 “Q. For what purpose? A. To go to Saraioge. Q. You left the house, thea, with taat arrangement? A. Idia. : ¥ @ Did che meet you the next day at the depot? A. Sho aid pot. Q. Did Dr. Burdell know of this arrangement? A. No, sir. . Q. Do you remember the fact that Mrs. Burdeli on that occasion invited you to come there to dinner that night, and slay there through the night? ‘The District Attornoy—I object to that question, because it is exceedingly leading. ‘ that The Court said counsel could ack whut cho aid to the | sede Me Mieke aa ne had stated his objection to witness. ‘Vhe District Attorney—I have no objections to that; that is not lead: and if it was leading, it isa naked state- ment of Mrs. Conningham when the doctor was not pre- sent. ‘the Conrt—Try, gentlemen, to confine yourselves within the rules of evidence. Counsel fur defence—We are in a court of law, and I want to proceed accordingly. . Q. Dr. Beecher, in December last were you paid for the tuition of this daughter who was there? (To tho District Attoruey—I wish to get at the fact.) A. T was not paid directly, but received the money which wa: paid to my order. Q. You was paid indirectly? A. Yor, Q. Who paid you! A. Wiliisim A. Beecher. Q Your brother: “A. Yes. Q. In December? A. I didn’t receive the amount in De- comber myself sonallyt A. I do not. Cross examined by the District Attorner—0. You call the prisoner Mrs Burdell; did you on the diy of the inter- view? A. No, sir. Q. Vou kuew her as Mrs. Cunningham? A. Q@ Youkuew her, thea, by uo oiler pane not. Q. How was this daughter brought to your echo: troduced theret A. At the time Dr. Burdell was duced by a gentleman; he named the fact to me that she wanted to attead— ‘The D-trict Attorney—That won't do. THA Touri—Vou may late bis acts, @. Fie spoxe you about having this young lady go wo your school? A.” He did. Q And ia porsuaiee os tharehe came? A. Yes, sir. WILLIAM A. BEECHER 'S TESTIMONY. William A. Beecher was next called by the defenee, and being sworn, testifed — did, t aA Tait or ine Q. You are a brother of the List witmess’ A. Yes, sir. this yourg Indy—who paid you that monest A. Dr. Bur- dell. @. In what way did he pay you? A. By his check. @ On what bank? A. On the Artizans’ Benk: it was dated ahead a few days; it was for $60, paid on the wh of DR. JOUN M. CARNOCH AN’S TRSTIMONY. John M. Curnochan was the next witness sworn, Q. Doctor, what ts your profession! A. Tam « profes bor Of surgery Q. In the Medical College of this city? A. Inthe New | York Medical College. | Q. What is your age, and how long havo you been inthe | professi uw? A. i have been in the profession eighteen or | nineteen youre. | Defendant's counsel, (smiling)—I will waive the ques- tion as to your age; however, you are married. (Laugh- ter. he Court—What is your age? A. Tam forty. Q. You were present at 51 Pond street at the time this poet mortem examination was in progress. A. I was there ‘on Menday afer the murder; I think it was Monday, Q. You raw the bod: A. Yeo, sir. @. Did you examine it satisfactorily? A. Idid not ex- amine it minutely at all, but I looked at it. L the Court—Yeu didu't give it @ medical examina- tion? A. I looked at it. @. You have read the medical examination signed by Dr. Woodward andothers? A. Yee, tir. Q Ap apart of iY Dkd it progress while you were in the room? A. Part of it; Isaw two or threo wounds | measured. Q. Did you notice the wound in the neck? A. Yes, sir. Q What do you ray of that wound, whether it was mor. talor otherwise? A. Tt was a very dangerous woum very likely to prove fatal. QF What particular vital organ was there? A. The large blood vessels of the neck and the perves of the neck, the large nerves which lead from the brain to the stomach and lungs, and other nerves, Q You read of the wound inthe right shoulder, A. | ¥ ir, | Q) What of that? The Divtriet Attorney —If the Court please, we will have the benetit of the doctor's own knowledge We must in- Bist wn law yore, since we are hot here altogether as friends, that be will contine himself te bis medically, which 1 have doubt he desires to do, to what he saw. 1 supposed 9 remarks of my friend at hits open | whether there can be any such thing as a testimony | of 9 medidal yperation a by | simoltancout observation? — Your a awar that in case of insanity, that althongh — the dectoy, or surgeon, or physician, has been in court and heard the testimony of other medical witnerses, he is not el to express his opinion oxenpt facts are addaced vhich he is personally aequainted with: and the doctor canvet be examined ty relation to the maticr, unless be j bud personal kuowledge and inspection The Court—le it pot the rule that an export may be called upon from reading the evidence of aaothert ‘The Detriet Attorney—By no means. The Court—My impression 1s that thir f° the rule, Do fendaut’s counsel—I will clte acate in the Court of Appeals of precisely this kind. t Atiorn ment, and ack ht ion of that | counsel——That is what I intended to do. | The Couri—tI supposed that was what he was doing; tead itasn hyp i case Detenda oT with | gq_ite Court--You reay ask Iii hie oyénion 48 to anything state | Defendant's counsel then began to read the description of tho fizat Wound, a# follows:—" The fied wound which pre- sents iteelf is one inch from the loft nipple, on a line and intermnl to it The it is one 4 ineh in length. rt. he one I want » fourth and by Tack, what wae the + bo being @ dangerous one oF eecond 4 ch Extremely danger ee aby partof a ma flicted with moe fatal results than these. A. | the heart are almot invariably fatal, not so | immediately, however, as & wouad in one other part, aud | aboot the only part, aud that is betweea the junction of + spinal columa, where the epinal marrow m—that cares iustantaneows death: a hort time with a wound in the heart. wi. cir, as stated here—a wound fo ton to reach the heart, 60 as to reach the neutri- id it necessarily be @ fatal wound? A. [ should yo teertainly, if the instrament were drawa out rly. j amoet protvably fatal. | person may live Q. If this next | P Q Om tight shoulder, interior aud im accumores process characte, is a wound 0: doop enongh to extend through the pleura; what of that nd? A. it is lively to prove fatal. faial organ is in the neighborhood of the would be lintle to render tt fatal? A. One of hear the heart pase through the sab. ec of the most dange wounds that The cae in the abdomen in the inside interially, ex. tending rix oF cicht taches—is there any particular organ | one that would be reached by any wound on tie left (The Court rewt from the printed statemeut—“Two or j oss vom i, 1 the abdomen, in the ctomach, fit, five /- another scar the margia of the hip, ea very a wont ted A. Itis on ital organ, and gn, A | @ bt the left side of | the middio line Defendant's counsel Te presented to the witness the anatomice! plates. and asked hii to polat out Ua lor of the wounds. ‘The pi wore alee cacsed to for their in pec assed to the jury Q. Door th of the ’ artery? A. ‘Th jc, and the voneeta severed about thi met @. The neck hawdkereti collar boing below, | the piace under the ear w neve, Opnsed, woule if nat A. Yeu, oie: the pl ang fie ee @. The wornde hetwoen the ribs tla rea art? A.A portion ts Out OF on chiar side, ce are expose the hentt; the heart i= enclosed in a bag: liege ree sels come to the neck from the sub cla 0. Doctor, looking at these wounds profestonaty, 1 would your opinion whether the porson who struck | thetn, had oF had not a good knowledge of the anatomy of the himan body? A. So many woand: inf on such ints would joduce mo to believe there must bive boom mowledgeg in regurd to these konalitiss Q Do you, tir, from the evidence in the case, supposing it to be true, at ‘atated fn this medical statement of the wounds and where they were inflicted, believe these | A 8 Wounds accidental in their position, or intentional’ _ NEWYORK | Court Its al m the eame establishment t That is | have you not, “Gaughtor of ths prisonar ts now ia ‘st Q. You don't know bat it came from Dr. Burdell per- | intro. | Q. Mr. Beecher, what is your business? A. Tam abroker. | @. You heard bis testimony in relation to the tuition of | that some | You can put a bypothetical state- | § dody where a wound | a SEAM ‘You have had considerable are ‘Joking at wounds Ry aisienss As ® deal; F am: surgeon in the bos- in the country, T believe, besides my private Practice; Ihave necn'n great deal of \ @ Did you ever kuow ptr which were 60 many wounds upon vital points as im thist A, Intoatea- ional weands you mean? @ Yes. A. No, Inever did. Q You were in the room of 31 Bond street on the Mon day the death of Dr. Burdell, " been inthe since that time ia compan tuxi De, Roberts for the ne of nt marks in the room A. Yes, air. Q. In your opinion, tir, asa surgeon, where was the first blow struck? A. You mean my theory, of course. The Court—Yee, cet » from what you saw in the room, the furniture, aud everything, A. Well, 1 ain iaduced te believe that the wouad oa tie sloulder or + clavacie was tnflicted fret. By the Gourt—Where did you think that was inflicted and under what Cae ae a a A. T think it wis intlicted by @ person standing ad, Q. Where was Dr. Burdell standing? } The Pistrict Attorney—Ii the Court please, wihiist « medical mau tay sale, aad itis his modical right to siate in what parts of the body wounds were inflicted, aud in what position the parties stood, 1 question any man stating in what part of the room Dr, Burdell was, for this is mere wild conjecture. ‘The Court—Pr. Woodward went over that, did he not? Tho District Attorney—I know he did, but he weut it and bad am opportunity early in tho ord: . Defendaot’s counmsei—Dr. Woodward stated tiat he sup- posed (he first wound was iuilicéed while Dr. Burdeld was | sitting on the south side of the room. ™ ‘The Court—And I belicve they all agree that the first Wouud Was upon tho shoulder, Defendant's counsel—Y¥ os, but not whoroit was indicted. ; ‘The District Attorney —Piéaso remember it was brought | @ut on the Cross examimation, and Unis ia the direct exami- nation, and we object to any person stating as to wherothe | Doctor stood i ‘The Court—There bs no way of determining that, beside | the position of te bieod upon the room, in diferent parts of the room, the furniture, &c., ali of which are civmoats for determining the meahs tie perzons used and thor position in the room; and a pervou who is acquainted with the ejection of bloud from the wounds would naturally be the best able to determine where the biood was ejected, under what circumstances, and the order ; eo iteeerns to me. The Distict Aorney—There certainly cannot be any this line of questions when Dr. Uhi was examiacd. He thought it would be as easy to determine posiuons ia going up the steps. Q. From the spots of blood, taking tho position of fur- niture as stated by Dr. Uhl-—taking that to be true, where, | in your judgment as a medical man, sir, was Dr. Burdell when the first biow waa struck, in the east part of the room? A. Tehould say be was seaied at that desi, near the door, leading out. Q. On the easterly side of the room? A. I don't kuow | whethor it 1s easterly or westerly. Q Where tho door wast A. Yes, sir. Q. What, then, was the movement of the parties, judg- Ing from the wound and pote of blood? A. The natural — ts, that tho person struck jumped up panic stricken. Q What, then? A. He made towards the door; and to } prevent him trom goiag out, the partics who struck hun the first blow, while face to face, and porhaps Dr. Burdella Little one ste, inflicted the wound in the neck. Q. In what relative position were parties, jadgin 1 shee: the sloed ou G0 Wat whlet Gite Blow cn tue tok | sito of the neck was struck? ‘The Court—He says face to face; the Doctor a littl one | atde. | Witness—The person giving the blow with his back to | the door. that aright ora Jef handed blow? A. Tthink cht handed blow; I judge from the spot of bbod | _@ And you haye examined these spots for the purpee | of determining this question, and at our request? A. Lhave. @ What do you say az tothe relative strength of the parties—supyore that there is bul one person engaged in i? | A. Allow me to make a statement; in reference to spots of | blood, think that thai blow in the neck was given while | | Mx. Bar¢el!'s head got into the corner, with bis face partly | towards the corner of the room. | Judge Davies—The corner up by the door? | Witnese—The corner at the baad side of the door, I | judge of that by the direct manner in which tho biood | sptrted out; it was so direct as to strike the frame of the | | door, which juts a little cutward; that was struck fat, as | 8 were, by dicps of blood. Q. Supposing there were but two persons engaged, Dr, | Burdeil and @ person of equal— 1 Judge Davies (interrupting) —No, a single other person. Couns ‘elt, there was but one person to in- fiict these wounds, and there is evidence on bis arms and | on his person of a stout roeistance on his part, in your judg- | nent could a person of jess strength than himeeif have in- , Bicted these wounds without Mimbelf wounded o¢ | showing marks of the encounter? Q. Suppose that otc,person was the pro- Dabilitice of marks Delng left om her persoa be greater or jess thav it would be tf left on the per:on of a man? A. A female showe bruise more easily thie a male, | that is she showe the sigee of a bruke more easily. Q. Owing to whatis that’ A. The tissues are more deli- te. Q. Doctor, Y ask this medically aud uot from any person | which anybody can use is a difficult thing to determine, ofthe body? A. There are some wounds that are more | 2 tan obra. . Q@ But where cana man be bit and not make a danger- ‘ou and vite! one A Many people are wounded in the abdomen and on the chest and recover, and in certain parts of the chest and cannot recover. Q. Will you tell me what part there is whero a wound could be ililicted eight inches deep and not be ? ‘A. Idid not say not dangerous, because any wound would be dangerous more or less; to @ man would be dan- serous. « Q@ Imean not vital? A. On the side of tho cheat. Q. Righior lef} A, The right side is safer than the ‘ (moet pha ot obs deep, and not ‘one can go in elf! 08, 5 prove $ AA Vo oy pronek the chest, man it have « Bullet in hie heart aud live coveral days. he Attorney General—I know that;.but a man would not be likely (0 try it for the sake of experiment. (Laugh- ter. Aa It be was struck in tho back orin tho stomach, would not you thick he could notlive? A. Tknow of several in- stances of poses being stabbed in the abdomen and in the chest, and living. @ The stomach being pierced? A. I did notsay so. @. This wound, = say—the wound in the right suoul- der—was when ho was sitting down, oa suppose? A. ‘That is the Inference, In connectioh with the other evidence. Judge Davies—Assume this case: The wound at the nipple which weat through the lappei of the coat, aud through the coat, through the Iappe! of the vest and through the vest, through the sbirt, trough the under- shirt, through tho ee into tho bowe'! it not com: petent for the Court and jury to be instructed as to the amount of force necessary to produce that wound? The District Attorney—Undoubtedly; testlmony as to tho amount of force is proper, but in reference to what force—tuat which the person possessed who did ii—that is entirety another thing. Jude bavies—I don’t think gentlemen that you disagree at ali in the proposition. oe, ata force ‘The District Attorney—We do not ob the amount of force as force, but the amount of becauwe the weakest child when ina fury, strikes harder than when pacelve; and the pale student ‘of to-day, when inadyyom tomorrow, possceses astonlahing vigor and force; mgt therefore it ix always necessary to consider who the party Is, and in what state of mind. Counsel for defence—We do not moan to lnterpose the plea of insanity in this case, aud therefore the idea of madman may be left out. Judge Lavies, (to counsel)—Tuke the case T gave you. Q. How is if us tothe resisiance of woollen clothes to any instrument, in inflicting a wonn: Judge Davies, (to Counsel) —You had better put the case r art stated it. Counse!—T want to know this fact first. “Witnese—the resistance is very considerable, Q. Have you sctually tried the experiment 50 ita matter of fact, and not of opinion? A. I har ween all my life trylug experiments of that kind. Judge Davies, (io witness) —State the difference between a wound on tue uaked body eud one that had to go through ta make ; Thaye clothing. Witness—tIt is very considerable, Jud —What degree ? Witne fay I state one experiment? Judge Davies—Certainly, state the fact. Wiluess—A wound was iutlicted by a dagger om a cada- ver— HERALD, FRIDAY, MAY 8, 1857—TRIPLE SHEET. ‘The Court—Now ask him about - Q. Far three months before bis death w: tis aie of gol Ing into A a ess ie ar ws frequeny cl ue oa rom nn hw ming wit t year soca Burdell und the defeudait together? A Thare oe pom whe circumstances. ttorney—Wo object to the qnestion. in pute for detiico—theprosecalion oreupied three Aye Ce, Bere Tia a a ct ia this matter 60 as to bring 1 form avg. What ald yor chases fn thete conta towards . you tr other? A. Tobserved a very frien sensi District Attorney—We object urt—State meérel an act, speec! District Attorney —f object'es on ee nd, Did ou observe them going to any piace of amuse- District Attorney—1 aang orney—I object to that, as it t# groset A. T exw them go out fr house; J saw them f the ttreet fren “re No ig Q. How did they walk im the street. A. T’boilove sho most generally te bold of bis arm—ai them fn the tout together ways when I «aw t—What else?” A. T saw them goto last July. SotoSarstoga Springs % Dio you go a them? A. T did, sir, ‘ourt—Now anything you observed ‘on the wa; theret A. Do you want particulars fh tage! wrt—Yex, particulars, and not your eonolusi: from those particulars. ? or? Witness—When | first saw them on that occasion I met them on poora the bout together; they went down to sup- pentogether. Q Where did Dr. Burdell stop at Saratoga? A. Dr.Burdell went\to Congreas Hall; Mrs. Cunningham got into a car- rlagoiud went to where -her daughter was boarding and stopped there till TTeft; T returned on Monday afternoon. Cs Between Friday when you went there, and Monday when you left, did you see together? A. They took ride ont to the lake together. Q. Which’ daughter wont next with them? A. The datighter Avgusta. Court—tentlemen, we will nowftake a recess tof) o'clock to-morrow. , Mr. Clinton—For the same reasons that the Mstriet Attor- ney asked that the adjourment should list night take place UUl,10 o'rlock to-day— Jurt—The circumstances were peculio’ (hen. Mr. Giaton—They are p: ecisely the same now. Mr. Chivton, though the Court was epeakioy at the same time, covtinned argulug for au a“journment tit 10 o'clock, The Court attempted (o atop him, and complained of the counsel objecting to the rule which they had agreed upon, Mr. Clinton continued. Court—Dr. Roberts, take the stand ;we will go on then to- Dight, if the counse! objects to my rudng. Let the counset for the defence proceed. Counse: for defence—I was hourly — Court—Troceed, vir. ‘The Attorney General said he was auablo to sit so long, and would baye to be excused if the case went on. Counsel for defence—I certainly understood that the ad- journment was to lake place till 10 o'clock; so I have sub- pornacd all my wituesees for 10 o'clock to-morrow. ‘The Court said that changed the thing, though the jury had to be kept together, and it was bis duw to get along with the case aa fast aa porrible. Q. Have you thedagger? A. Ihave. (Making a move- ment to produce it.) Th ‘Attort ey—I object to every’ polut of this. deforce—I desire to show that it w Cow experiment. ‘The District Attorney—I have no doubt that it was fair. Everything the Doctor does is fair. Judge Davies (to counsel)—Put ft in the form] first etated to you. @ What, then, is the difference betweon a naked body and a body with clothing, aad what kind of clothing? Witness—I was golag to state the ditticutty by an expert. Tmade yesterday. With a bedy placed in the in making a wound similar to this cle, on the shoulder, the dagger h a fair amount of force without a great deal of difficulty; the diveccting coat was theo put on the cadaver, just as in'hifo it might be— Judge Davies (interrupting)—A woollen coat? Withess—A woollen coat; one of our assistants put a dis- secung coat on, and then the samo stroke was made and the dagger recciled, akbough the force was considerably eater; it did not penctrats except very superficially; that is an exper! ment which I saw; it was done under my supervision by my acs state. Whe that experiment performed? Indi —It is not material. Q. You saw the body there and you saw the wound in the leitaru# A, i did. }. Was that wound probed in your presence and at your request’ A. Dr. Uhl probed the wound. Q. Taking it to be true that this wound did tansfix the arm and go between the bones, what aimount of force would be neceseary to inflict that woond? A. I think that wound required a Very great degree of force. @. Do you regard that as the wound which required the most force of any that you saw on that body? I wish you state what it had to Faas and if aay experiment was made ia regard to Judge Davies—Let him answer the question you first juce that pat, w er it would require more force to pr ‘wound than any of (he others | | Witnee*—I usink myself that that wound required more | force than avy of tho others; 1 will state an experiment 1 | performed ow that | sudge Lavies—It ie pot neccarary. Counse!—We desire Aretto know whit the instrument | bac to go through, iu order that there may be no mistake it, direction of the wound, Lkncwledze; is it not a fuct that if a lady's am is even moderutel) ed it will show the marks next day! A. often a) nt under the eyes | of Indies owing to that physical fact that the tiene ia ies—Oh, we are wandering a litte, I think. Attorney—1 do not think they are wande: rgany more pow than they were when they asked the | previcus questions. Counsel tor defence—I am spenking now in reference to | the physical fact of females showing bruises. | . dudte Davies—You bave got that bruises they do exbibit the marks ew | enough. ‘The District Attorney—Of course the tissue of a female a Q In case a mark had been made on the neck or any part of the person who committed this act, for how long & time would tt be apparent? A. A week at least, Q. Are there any indications, judging from this post mortem examination, that Whe paiiy who inflicted these dy, that as to | that is far | wounds was a left handed person’ None that L haye seen | or read of, Q Can you judge at all from those wounds in reference to the relative sive and stature of the partioamof Dr, Bur- | dell and bis assailant? Judge Davies—There is one theory on which the ques- tion is admissible, Ask a5 to whether this wound was | intiicted by a pervon taller or shorter then lr. Bardell. | Counse! ight that would be floating The District Attoruey—You can put any leading question to Pr. Carnochan that you please. Q. In looking at th's wound did you form any Jadgunent | as to the relative ize of the person—whethar’ taller oF | shorter than Pr. Bardell? A. The wound im the carotid | artery must have been inflicted while Dr. Burdell was | Standing. Q. Can you give me aa; of the wound? dué ce Davies—Nov nwards and inwards Whaese—The inference from that i—the direction of | the wound being downwards—that the person who iaflict. ec it was as tall at Dr. Burdell, or taller if anything Q. Bave you made an experiment with roforonce ta this perticular trial to see the amount of force necomary to | tnthet certain wou | The District Attorney—tI object to that Counsel for defence—i will put it hypothetically, The District Attorney—I object to it cither experimental- ly or bypothetically. | Witnere—It bas Life aut d iondona, and | | the outer orseeus space fe tery narro e; tho upper | third of the arm is always tesby wth siren | ler man. Q. Have you had any experiones time that the smell of viva sul-tauce burned | wonld be susceptible in Ue rom oF house where burned? | _ The Attorney General—I suggest whether that is @ ques. | thon of medica! kilt | _ Judge Davies—-Suppnre yo | suming that articles of leather Infurmation a: to the direction | 2 reference to the | ere to put the enve of at. were burned in | ap attic room, would the siel! re the hows, aud how long? | The Aw if it was barned ta | | | | ' | f draft strong enough Judge Davies—That is a appeared tn thie case. | The Attorney Generai—Nothing bos appenrod yet that | | there was any burving there. | Counsel for defence—if #0, thea wo will withdraw the | question, | ite eo ite more than has | The Attorney Generai—The question i¢ a question of eeienoe and rkill Is it por to tale about bare- tg rage ad how 100g th cing ia the roo? In | wha oratory or department of nee e 1 never | yet heard of it. ~ |< Judge Daviewaat think that in the case of the trial of Dr Wobeter, at Boston, the very qve- Judge Shaw, ia reference to whether the smell of it could b ned to what extent? | The Attorney General This vy | anthority. That wae a qu living tiene. I prefer, in tor whether he is au expe Councel for Nefence—Th pervaded the builting ry trial may be cited as { cxperimeat with @ to ask the doo- t hat is what 1 hawe asked him. Haye you any experi refercnse to the burning of articles of clothing, of fetured articies, in a house, and of the length of time the smeti will remain im the room, and the effect of itr Yes, | have. Of articles of ption 7 lothiuz aud choes—things of Witaes—1 bave uo experience ia | ot | wu | Weil, if arsicles of clothing wore burned tw 4h Opel | gavret or attic at midnight, I ask you, str, what the effect | would be as tothe smeil in the house, and how lone it | would probably remain? A. it would depend apon the quantity of material burned; 1 know that a large amount | —for example, a perron being burned by the bedclothes | taking fire avd the bienkets, euch borning of woollom will produce an odor Which will perineate very much through {he comtignous rooms and retain for some th The Court—How inany hour: A. Long enough to make it necereary to cleat out the rooms regularly for <everal aye; Lepeak of a considerable quantiiy being burned; T speak of a care which came to my notice of a person being burned by the bedelothes taking fire; the blankets were burned constderably : T was called te ee, wad dressed the burns, and from my remaining in the room during the dremivg of the barns my clothes wore so raturated with the odor (bat T had to undress when T went home, and changed my clothes veral days; the bedeloshes were «cnsiderably barned in that case Q. Burning in the open room, T suppose? A. Yes, er. Q. Suppose the clothes were 'enturated with blood, in tldition te being wooelen, the clothing gould have had a a eting oor? A. Ido not know tit that woold have much influence mpon it Q. Py the Attorney Geners!—ta references to these wounds, yon sperk of 0 many being vital, will you please tell me What spot between the lips and the top of the hrad that a wound eight inches deep aad an inch and @ quarter Sido is not a dangerous and amost « vital one—any part w a the tiseue of a fernale is | | his thoory of the strugg! 1 | Witneee—I am not aware of wheiher it wont through the intero-scous space, | Counsel—Yos, that ts the dircetion of it, Q Abd ® person standing behind could got strike that low with the left band? A. Tid not cay that; | mean to way (Lat iny inference was that it was done with the right arm. Q Why? A. From the connection of the whole affir, | from my theory, taking one part with another; as I told you, I believe that the pai) impulse of a man strack sitting ts to go to the door; the impulve of the party strik | tog would be to intercept hit oak Se ne eee A. That it not the way to tercept hit. Q. What if they did? A. There would not be time to strike the blows. Q. Awuming be had time, tould a blow be struck with the left handy A. Not so well as with the other, Q. What is the inftrence? A. That thero was a struggle. Q. I want to know what prevents him from hitting? A. The inference is that a pers attacking will strike the most cflicient blow. with tho left hand in front or behind? A, The blow could not be struck just as well by the loft hand, according to my theory of the position in which Dr. Burdoll was when the blow was given; my theory of that blow is that ho was turned, looking partly towards the window, @. Why could not the blow be inflicted with the left bond? A. Because there way not room between the wall of the room and him to gtyeseh a blow. Q. Would not his hand hare been cicar if he had beenio frout? A. No, sir;1 will expain to you what I mean if you will give me the diagram {Le Doctor here took tho dia- rata and illustrated to the court and jory how that, from i¢ which probably ensued be- tween Dr, Burdell and his aerailant, i would have been impossible for this blow ® have been given with tho left | hand); the bead was turned a little towards the winduw | and the face towards (he door. @ May the attacking party not have gone out without being seen or touched, consitering the position of Dr. Burdell, the manner of fhe assault, the biood stains’ A. You ewdrace so much ‘h your question. Q. Eoppose these biews were given while he was re Uring, might not these blows be given without the pera Deing attacked by Iv. Bardellt A. T said ho was doubt paralysed ween bo got the fret biow Q Would not that exempt the ascasin from a revomt struggle? A. Lf there was a struggle it was in geting to the door. @. You speak of the burning of woollen clothes—what would be the effcet of the burning of articles plece by ot } At, in agrate in which anthracite coal was burning’ tayo you my know ledge as far as it went. Q. Would there be any flavor in the room? A. 1 know how alarms are frequently given by a piece of woollen burning in the bouse. Q. Any where? A Yer, sir. Q As far as your vpiniva goes the whole room would bo perfumed? A.” Yes, sir. Q What is a stronger smell than the gas of barning coal? A. Wootlen, feathers, hair, &, Burning woollen is tried barning woollen ia the third story of brikdi 4 A. No, sir. You not keow that there would be any odor in the room? A. No, sir @. You have made no examination of this bodyf A. Except looking at it. @ Not medically? A. No, sir, ‘The Court—That is all, sir, step aside. Call your next witness, ” TESTIMONY OF DK. WALTER B. ROBERTS. Q Where do you reside? A. At 56 Rood street. @ How long have you been there? A. About three years, Q. How long have you been acquainted with Dr. Bur- dell? A. Trot acquainted with him at the timo I moved into 65 Bond street. Q. How long you been acquainted with Mrs. Bur. dell A. Tt will be two years f ‘The Court—With ot any reference w Ui case, we wish conse! would cither use the name Mr Q thie b Q the Canningham of Mrs. Wurvlell, «0 we may not be troubled to write ditfe- rent names ip our journal. Counsel for the defonco—Woe will agree to call her tho | detendant. | Q. Whore did you become acquainted with hor, and un der what circumstances; A. i was introduced w her at Congress Hall by Dr. Burdett. Q When? A. it wasa year last August, between the 11th and let of the month—1. ¢., in 1855, Q. Have you since that timo had intimate business rela- ona with br. Burdeli? A. | have, sir, Q. Upto what time? A, Up to his death; on the day before I saw him. ve yer you frequently at his hows and officee A. ce, sir. Q! Were you there the Sunday prior to his daath? A. 1 thtok T was. a I wih you would state if you feaetent tha clream- stances that day, whether you saw him in bis tograph? A. Think Taq him at that time, = ity Q. Well, what did be do? A. He type he had just had taken. UP What room was that in? A. In the parlor, 1 think, @. What members of the family were present? A. I could not recotiect all of them; Mrs. Oui te, T Uaak, = the young dics; MY. Stodgrass might have been ore. ). What were the relations between Dr. Burdell and defendant as far as you observed them? The District Atiorney—We object to that quostion on. rely, because it is calling for tho conclusions of the wit. him. @. This biow on the left, be-e—could not_that be struck | After some further consultation, the Court, at 8 P. M., adjourned tll 9 o'clock to-morrow’ raorning, counsel and Court agrecing or expressing their desire aad conviction that the case would bo closed this wee Administration of sumatice in the United a (From the Paris ConstitutionneL ] Every Frenchman who has visited foreign coun- tries must admit there is none where property, character and life are go efficiently protected as A France, Every attempt to injure, .to defameor an- Boy even the most obscure here pranptly —. and such is the force of public opinion pant trouonlly tion to prevent bystar ters » requent G m taking part with the very «ften i to mar thd eae the certaint atthe et, m al ness of these facts, who have no experi. prisoner's counsel. sav, golbrim the Naw Yonx tmas, Fob, return of these papers from’ Washington they were accom- panied by any decpatch? A. Yee. . On this question being put Mr. Dusteed asked pormis. sion to look at the paper, which was accorded to him, and he then objected to its being iutroduced in evidence. was then banded back to M. de Montholon to look at; ou look- ing at it ho said it was not the letter that acoompanied the papers returned from Wesbingioa. | Dr. M. was thea ae the paper Mr, Joachimesen, when Mr. Busteed Mr. Joachimssen immediately cla!med its return. Mr. Busteed beld it up in bis baud and said, “1 am going to keep this.’ He then put it in his coat pocket. Mr. Tillon, as counsel of the French government, de- manded the return of M. de Montholon’s paper. It’ bad nothing to do with the case, and had been produced ta good faith. Mr. Busteed refused to give itup. He believed that it had been produced in very bad faith. The Commiesioner asked Mr, Busteed to give up the paper. | Kir. Rusteed again positively refused. Mr. Joachimasen, Assistant District Attorney, asked if they were obliged to rit there and submit to the papers of the presceution being stolen. | asked, ‘Do you mean that to apply te met"? | Mr. Joachimssen—I mean stolen. 1 don’t know ia whove possession it ts, ‘ Mr, i paiced welntained that no one hata right to intor. fore with him in his holdin, easton of the papor for the present. edie gels ‘The Conmixsioner—1 have a right to determine that the paper is the private property of the witnen; it does not jong to this cave, and tt should be delivered’ up to bim. Mr. Brsteed—And Ihave a right torefuve, strict Attorney asked for an immediate adjourn- | Ment, tn order that the Commiosioner might represent the | case to the Judge. Mr. Busteed got that paper as a pri- nd not as counsel in the case. At a Ki return it, d ahook fy head | The District Atiorney eaid that France comes into this Court under the solemn compact of the treaty between na the authority of the President of the al! the right: and pri h official of the United Jon of this demand uneer the treaty the two nation 4. B. Fogarty was king @ © Ned the at Jielating the letter to 0 it. ation of the Commis. | ald he had Mr. Tillou— This is a must extrac ) ting. | Commissioner Bette—This shows the inconvenience of | such proceedings before a Commi-ctoner, who has not the | power of a Court. Mr. Husted, that document belongs to | M. De Monthoion, as ene of the archives of his office, aad he demande it. Do you make any reply? | _ Mr. Busteed—No, sir, and if t demand the paper I | refuse to giv On the point of pootpoement [wish to be heard | Hore the District Attorney, followed by Mr, Morrogh, | another counsel for the prosecution, came over to the tabie where the counsel for the defence were seated, whereupon | Mr. Fogarty took the docoment pot it in hie . | remarking that probably it was the “ecartet letter,” which the public were so long looking for. Wr. Townshend rose to a point of order, aud asked the Commissioner to request the counsel! for the’ prosecution to occupy their own seats. ‘The lnetwict Attorney—If Ue Commissioner canvet com- mand obedience and compel the counsel for the defence to and np that document, I will, at all events, prevent them rom copying it. The G mmistoner ealt—It T have no power to compel Mr. Busteed te give up a paper that belongs to the Consul General of France, I have no power te ask the District At- torney and the other counsel associated with him to ooca- on cular seat. "yr bustced resnmed bis opposition to the during which Mr. Fogarty was again dictating the docu ment to ap amanucusis, when Mr. Morrogh interfered and called the attention of the Commissioner to the fact. Commisioner Beur—As 1 cannot maintain order here will adjourn this case ontil to-morrow, at 12 o'clock, that T may what powers I have under the clreum lances. Mr. Rustoed—Will you adjourn witbent hearing me? The Commi ioner-- Yes, I have so decided, and as T can: not maintain order, I adjourn this court until 12 o'clock w- morrow. | Mr. Busteed—Will_ your Honor take poswsersion of this paper aud promise that it will be produced here to-mor. t The Commis ioner declined, Mr. Durteed—Then wo will keep it. Mr. Townehend, on bebaif of his ciiente, asked that the ‘airg2 should continue; they were’ present in obe- ores to his Honor’s order, and they demanded to bo heard or discharged. Te Fe ence bohalt Of bis client, mado the same moticn, and ined sted on the examination being proceeded “ie Commissioner said he would adjourn for the pore of ascertaining bia power in such a cave ax here iced it from the be. matter wary amd novel pro- not ' 21. i chimseu asked M. de Monthoion holber on the | Q. (showing Uae witness a payer.) Ts this the des. | The Commissioner overrated the objection. The paper | Busteed, walking quickly up to Mr. Joxchimesen, | government, and the | young In Jerse and the small amount of bail to make his caso last forever. engenders an mense number of crimes, aud is the loprosy of the If this affair is prosecuted like so many othors the mar- derere will ouxjoy impunity. Wo have spared the reader the rogatory to which M.de Montholon was in reference to color of sealed. # li i 4 5 ts i | i é i é Fy E i £ z i TS 17 ile : i i i é i i BP g ; t i if ee i i ef RFs ? i i of | None of them | These sre the | Deputy in the | PONDENCE WITH JUDGR WHITING REFUSAL TO SERVE AS SUPERINTENDENT—THE NEW BOAKD NONPLUSSED—REFUSAL OF COMPTROLLER VLAGG TO PAY EXPENSES — THE PROSPRCT FOR TWO INDEPENDENT SYSTEMS—TWO SETS OF STATION HOUSE®S—POSITION OF THE OLD BOARD—KEASONA~ | BLE REQUEST OF MAYOR WOOD, ETc. Anoficr mecting (the third) of the membors of the Board was held at 10 A. M. yesterday, at the District Attorney's (A. Oakey Halt) office. Great | 'ncouventence bas been experienced by the mom- bers through the want of a regular office for tran acting their business; and the throng of apploants and & terruptions bave proved too much for the hospitality of the Dietrlet Atloruey and bis clorks. The only business which the Board felt iteelf cailed upom to provide for at this #itting, was to appoint the chairman, Mr. Draper, and Mr. Siranalian, a committe for seleoting a ruitable place of businers for the Board. No communication having been receired from Judge Whiting, the Board aajourned, to mect today at 10 o'clock. Although the correspoudence between Judge Whidag nnd the Commissioners bas not been made known, yet te substance is very currently rumored. It {s etatod that the Appointment was not offered to bim ty the Board without | some provious understanding in the premises betwoen the Judge and at least some of the Commissioners. Yet since the progress of the legal prootedings, it woukt now | appear that tho acceptance of Judge Whiting of the office of | Superintendent ts rot anticipeted. Tt ts confidently assert- | ed that he has alrcady declined Ahe office, and the Com- | ineioncrs themsetves do not heeftate to Intimate that they expect an unfavorable answer, i te very obvious that the Board is somewhat non-pless- | ed, nnd that they are likely to be kept so for awhile, They | have no possession of the station houses or the other eity property. Even upon a mandamus in this connection they cannot have a hearing in the Court of Aj sooner Comptrotier Fiagg has decider that ant jnon Is well cleared from litigation, he wilt pay bo money® for police servies, exorpt the mere muntal- pal contingencies of tho Chiefs office. The of the oMeers and men ia the department will thus be euspeaded, and may not be payable until fail, Teal source of the heels ton of Jade Whiting to se- copt the office of Su is od to Is vow undere upon the hevitancy of Judge Whiting; Mr Mateell intimating that he would not, by any movement, hare the appear Anco of taking sides with either one of the “high contest a ‘ia the premises, thus appears that the new bowrd tk de cidediy adrift as yet They have no hold the municipal machinery; neither possession of station houses nor command of controi in the department, nor am account opened or recognized at the Comp:rotier's. An idea prevails that they will go to work anew, and 4a- tablish an entirely original police system, build new houses, appoint fresh officers, And leave the old or- ganization high and dry, to take care of itself and its re- sponeibilities. Their original authority to organize « munictpal police system is asserted, whilst the to a thoriiy for a dierent and co-extetant system tained by the city government, is matter thus i* growing very picturesque, and exerches the Commissioners in such busy consultation privately, with legal and political quidnunece, that their time Very little at their «i 1 for anything else. rte ee, app his «new fountain ed at their i in the streets, are beset with ovarme of office beggars and their arate: friends. a hilet all this ferment is [os pane vicinity: the new Commissioners, it w: ‘soem that under tho of board matters go on fae Ay in the avon! ruts, and ie the quietest manner bie. Two material have, however, ma ened theme Iveathe Homptroier to pay pe Bere contingencies excepted,) for the ment beyond the current sums Presents Heel, sat ¥ be has the power to panish for edienee jo #0. ar Dusveed-Y oar Honor will understand me as not your authority. 1¢ Commissioner—I diatinetly any you did. You took posession of a private papor ari witness, and refused to obey the order that I made for Ita return. Mr. Fogarty hoped the Commissioner had noted down tho defendant's demand to be heard, his refusal and their bag ky a Attorney —Dnt whore ts that papor—counsel Mr. depyt Q@ What else did he do? A. I don't recollect any other renmstance. Q. Was be in the room when you went there? A. Ho was. 9908 res Garret ones ee Te ce ‘The D jot Attorney saying he bad roasous for conforming strictly to tnita, ofit? “Sar aa have it in my pocket, and will Fhe oursch ator will direct attention to the pal case of the People #1. Call taking a note. Beate eg cal STs ek cr the Id be at an end. Ls Wood 6 indicated care Hency. of retaint it in the pee ision of the foheo foarunent until a defimite result. + MH ve United States OCtreutt Court, Before Hon. Judge Nelson. PRNALTY FOR CONTEMIT OF COURT. MAT 6.— Win. B. Sekles oe. Augustus tung The 40 fondant in‘ this cato ts charged with violating an injunction of thts Court, restraining him from infringing the patent f the plaintiff, by con to use the Sickles cutoff om sts of ‘he Stand onmendted ‘until ‘he said One ts paid. gt