The New York Herald Newspaper, May 9, 1857, Page 3

thivk sbe was; I know she wae there a grest part ‘@ ‘he tine, Q stwas what time did the parties in there se- nn tor the purpose of ptring? A. I thiok the ye went to bed shont 9 o’cloek or balf pest 9. a Did they come down afterwards? 3. George @. About cleven o'clock you think they separated Mla br, Botcl go alan? A. Yoo, sa Did wr. Eokel go A. Yes, sir. $ Dig you? re Yes, sir; berore I want to bed, bewever, | went down stairs Q. Btate the particulars—wby ¢id you go? A. went doen into the kit hen for the parpo-e of ge’ feng some cider avd ame water; I waa unable to get the cider on1 80 I nronght the eater up stairs. we Ady aecot A. Fur Mrs, Cunningham and ber o te nt ‘erat time bead thet? A. That was sboat ten minutes berore eleven. Q. Wes the hail lamp sat at that time? A, It vas totaly, aur; Iti; the ball lamp edjainmg Dr. Bardell’s yoom. Q Yon lit the gas as you went down? A. Yes, The Conrt—Wrat bad in vour band candle @ lam A J iitat with o mat re we Bhat wbether aren you retarned you did apy- wg w the gas? A. 1 gal . Tae Court He aid hav be bad & match with Ini and lit che gag us he Went Gown— was that ad- ning the f-out or back room? riiiene DS wae the back room, sir, right at the the stars. ioe: out the light oat when you returned? A. Yea, sir. 'Q. Bow long were yok gene? A. About five Bernten, or thee minutes, perhaps, , oe wart—Go on, eit. A 0 go right ere you gone avy longer then to go ees, ae jar water bet Ro rigtt bick—did joa Rarry down stoirs? A. T gota key and tried wo get the ci er but could not get it,end came up stairs, How long were you acne? ‘be Court—He eays five mivutes, Q. When vou got back, sir, da you retire? A. 1 pet ont the light and went up, then stopped in the Oefendant’s room to leave the wuter ana went to bd exertly ut 11 o’clok. The Court - Waen you left the water in the de- fenden''s 100m #09 Was in the room? Mr. Clizton. Toat is the neat question I was going 1 ask. A. Mra. Cunningha and ber two daughters; I teink that Mr. Ecke! was, at:hough I am not certaia whether it was beturs cr efter 1 went up from the basement ‘hat ve retired; 1 con} not aay. Q Whether 1t was jast before or after? A. No, sir; but | tr ink 1 waa before. Q Yon think be left the room before you went Gown stain? A. Yes, sir, . Then you went up staira to bed? A. I did, sir. . State who slept wish ou, or ia the same roo? A. The two boys, sir. g George aud Williem? A. Yes, sir. a Did you oceupy a room spart from them at time previous? A. Yea, sir Bunsequently chacged it? 4. Yes, air. During the cold? a. Yes, sir. Court—I wish to ask you whetber your room waa ip the attic nearest the Bowery? A. Yes, sir. Q That was the room shat you leptin? a. Yes, ‘The Court—That was the room that he and the two boys slept iv—the at ic room pvearest the Bow- ery; vow what ki-d of s partition wes there be- tween there two roome—a wall partitiun of lath and plaster? a. Yes, sir. Q Yn stave that formerly occupied another room was tost? A. At the Peow ip the attic; wi deft band. ). he one where tke fireplece was? A. Yes, sir Do you koo#, when yon went to bed, did you @ore she door or leave it open? a. [ chink [lett it e@pen, sir; | know I did; I am certain [left 1t open, Q Is ‘bere any circumstance oy which you recol- ect that? A. Yea, sir. Q Brateit. A. 1 wes going to get up and shat %# ep eorou:t of losing some coa’s; Mrs. Cunning hem made some remarks that abe would mach rather fe dour should be } che}; lem not certain abous The Court—Did you get up and shat it? A. No, ‘Q Why not? A. It was too eold; that was the @aly ree-un. Ci} You were going to, bat did not dost? A. Yes, Q. Did yon hear any noise that night? A. Note pao A @id yoo get ap in the morn- tag? A. Helf post reven or eight o'clock. Q Did you breakfast with the —_ A. ldo pet know whether the whole of the family were NEW YORK HERALD, SATURDAY, MAY 9, 1857.—TRIPLE SHEET. Now, sta e if you the tebie in re,erence to ‘The Court— Woat did you vired between you and Dr. etter. sey about it the’ trans Ba bo eer yon abate the table the rext morning wi oe- 5 a you and Dr. Surdell? ‘Witness -I said my-selt and Geo-ge came doen to yp, 90d that be was 8 great deal exotted-- i ard carsing, and ead be would nook my ekull in, 92 d -uco threats. 1 told brea I kne v Dstaing about the door, bow 1% came to be Incked—that it wos not locked ot the time T opened i: He calle} sy erey snd ies was, and threatened to kuook me Q. That ia what you said et the break’ast table; whet did tckel say in reference to that? A Nothieg about it ¢xoest hat be ought to be ashamed of bim- eel; no threat was made. What did re, Cunningham say? A. She said thet it was jnat hke bis abuso to ber. Q. Wan that a) thet was sid as far as you reco lect? A. Yen, sir; all, str, I think. Mr. Clinton- Was soything said in regard to bie being affected, but would get over it very soqn? a. Mre Curningbam may bere sad eometni aon kind; 1 have vo distinct recollection of it, air. The Court— Tere is too mnch onnvereuton to the room. It may make very litle nolse wo the oeren- themeelves, bat where there are a numpar 200 versing it maker a great deal. We mus’ wave a0 conversation in the room. Q Did you perceive on Friday nigot sny offen’ sive smell of burnt woolen, leather, or aaythiog? A. Nothing ot all, sir, Q. Are your amelhng povers in good order? A. Excelent, sir. Mr. Clintop--Now we will zo beck tothe morning i the mute ie, t Lenn ag eh first, do 308 710W HT Fen] discharge Mary Dovobat® bs ‘Yer, sir, , Q State what you koow npon that subject - all your own knowledge? 4. I know that sbe 0406 in very muon intoxicated; no, ade did not come in iu- one the came in one morning showiug the fects The Cou't—The effects of intoxication? A. Yea, sir; she came one mor: ing after an aosence of four days, 1 think, mach marsed, bloated and oruised, showing the effect of moxication. Q. fy8. Cunvivgbam threatened to discharge ber? A. She began to :eg and cry,and Mre, Ouapingbaa finally conrented vo keep her. Q. Did abe get dowuen her knees? A. I think she got down on ber kvees; this wae three weeks previons to the muider—some ‘bree or four weeks. . Before the musder? A. Yes, sir . State if Poy see bere your first inforrant of the éeath of Dr Bu-oell. a. Hannab, the cook, sir. The Court- Yu need not go over that ground, sir, ‘in; it 18 not Deces-ary. $ Did you see the co pee? A. J did, se. Dio you go aiter any one?—if so, whom? A. Br. Rooerts, mr. Chnton- Ido not know how far {: is neces- ba to go over the detuila, be Cuurt—It is not necessary at all, unless some Rew facta. Mr. Cl'nton— I thought 1 would question this wit- ness 88 to the conduct of th- defendant. Tbe Court—It is not important to go into tha’ in if anything new o2curs to you. yoo oan ask Oe ae are belie stable in the of ). How a8 astable in the rear the bonse? Mr. Hall—I do not know about that. The Witness 1 have said I do not know; it looks like a stable. Q. You have never been in it? A. No, sir. Mr Clinton—As | said, I p to ask about the conduct o1 the detendant, but I waive it. CROZS-EXAMINATION OF MR BN’ VORASR, Mr. Hall—You said yon closed t? » door because the clothes were stolen from tte room? A. I :hink that that did not make an impression on my mind; 1 thirk there was something of that kind. Q. Then what was tre impression? A. It was merely something abcut closing the door. Q. That made noimpression? a. No, sir, I nevor thonght of it. Po Sie age fore you did not get up to close the door? » No, Q. How long before this was anytbing sail aboat the door? A. I could not say, sir. Q. Was it while the old lock or the new one was upon the front door? A. I toink it was when the new lock was on. ‘The Court - I eupp~we no lock would keep a door Q ek gh ing on your first visit to ul our oa | Mrs. Canzingbam- you Bad Dever any'bing to do with Dr. Bardel); previous to this lass visit you bad ae little of mrs, Cunningham ani the uit g there or not; late breakfact with a portion of the Witoess— Previous to when? family. Mr, Hall—Toia last visi ? Tn? Cour, Where, what room of tne house? A. ‘Wi nese—I did not see a great deal. ‘The frout he-enext dining room. Q. You know of no uafrieadiy feel ven 3% con ye oapony it? f: Fenn, whee Siig, Cesatnghom and the Deesert Al at at went down wes , and & portion . When t OU’ evening fami, geting bealint arthur tine "ih, Mist Ghd you rt go wt A. The over of Fourth weet re way. Do ect who? A. I think the two . And left the hoare about what time? A. aaiaad wen Geant gon’t think Helen was 1eann aca mere. Did you wear a watch at that time? A. No. Q. Not antil the breakfast had progressed? No, |. Was your time then given as natter ot sup- ar jon, or your up of pecing the tine? Q. Bta’e whether you obeerved anything unusual | [The witness mambied out in his usual careless ani tm tbe appesrance of the detenoant? | inconsiderate syle, and no intelligible anawer could The Ceore, State what you observed. | be pattered.} | Witnes-—Nothing at ali, sir, except thet she 1 What is your idea of the time whea you left | would ke to Rnow that Mr. Eckel was going out the house that Fridsy night? A. I cannot aay; it easly, she would bave got breakfast for him was about balf-past seven. S tes cn atone s A. No, sir. | Q. Did you waik with this lady to the corner of She was not aware what he went out for? A. Broadway and Fourth strect at a slow pace or a ra- No, eir. pid pace? A. 1 walked with her upon my general Mr. Clinton—We will explain by anther witness | gait when J am alone. why he went out. @. What is that, slow or rapid? A. not rapid. Did you go to basiness that day? A. No, sir. Q. Ob,e sort of medium gait. How long were | Do you know anything or recollect a pom you in the store corner of Broadway ‘oarth se A. atreet? A. Long enough to purchase some writing % Was that your recollection? OS Tet us know how Jong that was, we wore not yort-—btate your recollection. there? A. Two or minutes, I don't know ex: My Ciinton-—Do you know anything or recollect | actly. snglane! Q Andé from there where did you go to? A. From Conrt—He says he is inespable because he | theie we went down Fourta street. @on't 1ecol'ect; he can give what he supposes. Q. Ob! that ts towards Washington streot? A. Mr. Clinton— Please so that [ena hear and | Towards the #owery. then i can judge of the sa«eer. The is . You went, in what we should call Kaicker- ber you recollect apy! with toa language, “over to the Bowery;” di} you | pT cone A. I have an indlstinos re- | turn the curnor of the Bowery and Fourth street? ‘ection of that. A. I wont ap. Q State what that in? A. That is, that the light . How far up? A. Not over two blocks.’ Soe & Where you sop, if anywhere? A. Ina wall attic. mone. For what , ant at what time? A. It ’ . there? A. A itde wba ofc att re ee > ‘The Court—Whes you went up to bed? A. Yes, Q. About how long; give us an idea; was it one ce or twenty 2 A Not tronty minutes, So J ek monis bene ited the tye weet ep ‘anit Gfieen? A. A! _ gates, wrt the amily ia nything the D> coded aon beumnge betere with reference to Georgiana Q. Were there many pattern looked at, or net; of the family? A. , sir. | bow was it? A. Two or thren. © wn Fe a censg ber o—, - an to depart the next @ Baere wen come teshing patterns, however! Pere rt] 4 Tetariogs, Aor Siou then left there and you went where? A. \° ber mother trunk; Ané from there you went up stairs? A. Yes. Old you bear part of the tontimony of | ™O"S pou have kerst a. 1 ws bale Fe ROE ETRCES | 9 a cess seieegeg ee mes eons . wes Fos Se cate Dt sehen | Baten hce rad wtb tn Dreakiost table; 4:4 et the breakfast tablo, at Coming right from the kitchen? A. Yes. seleene to Dr bardal, "By wo! 1 vould lke te er Ser fe Bowe ena » were + etzengie him,” or “ be at it 1 did were taken into 4. Yes. Sea Senta Re, wr; be Oana ces comedy Sing G, Nothing of tet Rod). No, sir; heal, 1 Oi you eve tow wheter Dr. Gath and hie @ipk, that It was 0 sheme for tim te abuse me. ann 9 night kay? (Baled eat.) Q. Abuse you; in what respect? Youlethimin | A Jaror— roy aid yen get down stairs on might ‘A. Yes, air. the cight in quortion, or bew aid you find your way “3 tate the circumstances about thet 4 | dewn stains? A. There was aufficient tight and brother were in bed at the tima— me to Gown inte the kivohen. [na PP > peeedanlagoarboerionien table; sate only eo far es ye ‘Mr. Hall—_Where wae this cider kept—in the oat Orr Chatooit was only anked in that potat ot | tat 4iFe Sagi view. Mr. A. There washalf o ‘The Court—Yeu can eak him what he mid at the | barrel tn the ball, and some in the basement or table in reference to anything that pesned betwern | art tn the kitoben. Dr. Bardell. Have you aren Mrs. Burdell, the eat sy L wish to pote eee oreo sren ber curve! A, Tes. regce 10 ett Pat be sald at the tadie aboat tt | para” a sence a ‘Gneen dow honor insositie pyres : wes to chow by thie wrnens the LL | 1 oraz euticed hee aso her loft hand? Racoon ey cand your honor to admit - 7h wpm of conversations which Ld bm rp ad me Rta nad a (mability = Burdell and this witnase’ of the right stany time? A: Ne, cir. Benet a my wot CRETIMONY OF MAA. AIRSTER VAN WEA, Ty ete Did you Yet him tn? | Mrs. Hester Van Ness called, eworn and examined a. ale? as follows, by Counsel for defence: time? A. 1 believe tt wasin the neigh | 6. Do you know the defendant? A. You, by Ta Now stop Q. And her daughters and so forth? A. Yea. x he came to . How long have you known them? A. I have “ihe -sgestemnseadtr kaon hese be Ganghtor was two youre District At -—T don’t think it material. . Court — ‘down to let him in. Q. What Ue A. Near cighteen; I have Ir Staton "A Saree Tea teen mnie and tamed a" hiow tong bare you ksos Dt yar At bes Court You aid fo down and let him in? sa hin fo in Toca tah et Mk ‘ee, sir, . » The eonvrrnation altaded hed refe ince that time seen the parties to- maee jo that subject 7 Tro considerably? A, I have same, 1 oats ike Q. State the ctroumstances—in the first place Jour parce hus been mentioned aa neleg io Seratoga Pag oy wi-b Pa wonld ae where pep and e@ defer stain Ww were tBere, where Dort r Burdel) staid. Pied Mr H»)i—] thnk we dave that in evidence. We Jorated them ia fhe plese. nd we are t> presume they were there unt] the contrary is shown, Zounre} for Defence Well, are there, then” 3 How long @id you stay there? A. Two aeek:. The detendant the game length of time? A- No, she stopped ope week. Q Dares ‘that time where did Dr. Bardell visit ber, and ifno,howofien? 4. He called to sea ber every day, sometimes twice a day, and he was there every evening, ard I went out for a walk with De Burdel) and the deter dant. Q after that od you see them her in other plucer? A. | saw them at the house in Bond street. ¢ Did you eee them conversing togethe:? A. en, Q What were the relations between them? Wr. Hell—Tbat would be a concla-ion of this witnena; the guestion is, what were the relations between Dr. Burdell avd the defendant? Courpel for defence - I want to know whether you poe ly ask, {f they appeared on tricndly or an- The Comt—Ask her what sbe knew aboat it? 4. I did not observe anything vopleassnt in con- versation; I understood toem io be persons who ane ¢1geged to be married, and I generally ssw em FO, on Court—Was their conduct in harmony with f ‘Ccunre] for defence aaked the same question? A. It wor. entirely, , Dd yea derive the fact that they were, to be nurned frm Dr. Burdell? A. He basa; of t severe! times im my presen-e. °, A In the presence the defendant, I mean? 4. Yer; some revera) timer, Q. Was did be ark her im reference to man- rof orsa while sho waca widow? A, 4 % & deur afer widowhood I went to have wy teeth utterded to by Dr. Bude], and in the course of that time re tiled to perensde me— wr. Ciiotom—-Never mind that. Counsel ror defence-——Wus he present? _ Conrt— It was a tact which she communicated to My» Curmngbam. Mr. Clipton—@e wish to come within the strict Vimi sof your bon or’s rating. Ccuree) tor defer ce—Dia be, at any time, in your ort eeroe, epesk to her shout ber wearing mourning, and ark her ‘0 dress differently? 4. He did; an? at diferent times talked very seriously; | could nut say positively, but 1am very mach that he did #0, Q. What was the sabject of the conversation in relation to ber drees? Mr. Edwarde-—To her? A. 1 con't know tbat he made those remarks par- ‘icularly ip ber prerence. Counsel for defence—-Then I will waivethat. Was Jou at Raratoga at the time whe first appeared dressed @ifferert from ber mourning dress? A. Yes I waa; the Doctor remarked “that she had takea viored dress it. wantben tl ff ber bisck regs;” that was the firat o. that he bed worn. Q. You continued your intimacy at the house there up to the time of bis death, did you not? A. I did, more or lees. Q. Have you atany time seen him down in the basement when she was e2gaged in her avo ations? 4. I did one afternoon last fall. Q. Cun you fix the date by acy ; near the date, apd what she wasdoing? &@ Yes;she was preparing quinces, and the Doctor was tnere while was there; 1 same on business to see her. Did they converse together! A. Yes, sir. Do you Tec !lect about how long? A. I can- with the Z i E i : 5 i f é : 30) g i if i 3 i Has ag U ’ : § § sf iE tt Spang & foes etic ie y; ro =o A flee 3 Capningham soa get there before or after the Coroner? tw have thet? 4. yp oat first then to the , Q Q Who got there where wentup naire t to the front parlor third story frout room. Q. Woo did you find in the third oer room? A. I found Mrs. Burdel) and her danghters, George Pr odgras», Dr. Roborte, 1 think, but Tam not sure; there was a lady there, bathing Mrs. Burdell’s forebos4, and sbo Ising upon the bed. Q. What was her situation at the time you got there? A. Fhe was very and. Bir. Hall—-Well, what was ube doing? Tdon’t want this ‘witness’ concluridas, A. be was lying upon the bed; abe did not appear when T name in to observe mo. @ Bbe did not observe you? A. Not for some few min- took ber band and © i Fi} g i : P s Fl efetfelefec 0% Fae? afee fez Fra fie Q. About what time? A, About § o'clock. @. Did pou call then? A. Yes, cir. @ Did yon leave. the seed? A. Vee, wees ina Danket, and i handed them to a boy about it oF nino years old, who arewered the oa Gcfendant’s bey who testified to day? ._ No, sir. @ Je thie the boy oF hie brether, (pointing to poune large? and & little taller. .™ oa observe anything ? A. Nothing unwmmsl A. Ves. TESTIMONY OF DR, DANIBL B, MMITH. Called, worn and examined by Mr. Clinton. Q. Rtate where you renide, doctor? A. 85 Bond etrest. Q Were any experiments, chemical of etherwiar, taade At any time—etate the time, and what wore at this Eateneee A. T would state that during the winter I pom ny MI A. 1 dow't think It lett @ lia brother, eomew! Vor eaw the door ? @ You are @ doctor 1 believe at your house by yournelf and your son, or eitber of you, beou ia a way Of making s yarigty of experiments for the parpose of w current, aud pharpy: Reigns ae J tial Preqremdly few ocaston Wo use the ondis ary proce of wabbaring aint of making connections With insulting «iret Dy mAan of leatber, and by uring @ yroparainn known a nbelhan That was a common thing for me w ase for the parpose af leaping tho thetraments abd other of outta. od under garments, and «0 om, and on this particntar afternoon having been called to Riverdale to sve sick family, J gathered up what | bad and put them inv @ stove in which there wax an anthracite dre, iu my front chamber; tue ¢ feather, and these pieces af leather saturated with a variety of thingx—~J threw them all tm—lef the stove dour Open, abd Observing that there was 42 upp eReant oor TL loweree the wp nash of Ure window of the Frou 100™ Dearert to 38 Rond stront, sud leaking ab my watoh end finding that (t wax thon eur hall past sree, aed tba! Thad w take the care of the Hudson River Retlroad ative, T went out and locked the door, beca.x# tie bhrery ant valuable things were iy there; aud | went down and 'ank the cars at five o'clock for ardale; an retwrning tbe bext morping—it was a very At I detained in going from Thirty atroet, to that! did pot get to my offtoe, ar reum, until 10 o’clock—] thin k past tov—and | nwiied when I pasnet ov stairs a very disagreeable eiell, and om gate imte my room I found that it wax wo exveetingly swrong an te be very Unpleasant, apd it was nncnary t0 fumigate the room by burping sn adoroux powder, Q Se what the smell wax? 4. The burning of leather anc wewlen; it gave an unpleavant wor, as. * hae transpired that night; cay yoo tell us who was ere! Mr. Hall Who was there? A. My gon. Mr. Hiali—How doca the doctor know be was there when he was at Riverdale? Mr. Clintop— Is be a doctor alo? A. No; he ts a student of medicine. Crosr-examined by Mr, Hall. Q. What part of the house was this, doct-r, where your beg with = bee i" ne A SB pay ye the tov up ry ax my office, tbe.exceptiun of ony room. Q What doyou mean by upper story? A Tho third Bory, Dot ibe artic, - i * pe Peg this room was the from room, third story, was . Yea, Q, Wonld this odor increase or decreare in intensity from the time of going in? A. It would ehange in ita eba- racter, and } founa the Amel] becoming more unplvacaat or rather more inten-e. Q You lott about balf-past three? A. Yes, tha tire wos very low; it wasa room occupied only hy menelf. Mr. Chvtop—Dostor, what is your son’s Hirst mame? A Forpando, TEBTIMONY OF FERNANDO @MITH. Fernando Emith, the son, wax then called. He took tbe stand, was sworn and examined by Mr. Clinton thus,— Q. You are a son of the last witnex? A. Tam, Q. Were yon at your father’s residence ap the night af the 20th of January lai? A. J dow’ reoollect the date. Q Woll, the night before it was diovverod tbat Dr. Burde)) was killed? A. You, Q. What time did you go home? a. Between ibe hours of 10 and 11, Q. How wero yon dreared, do you recollect? A. 1 had & Coat on like I have now, a large gray shaw) aad a cap, Q. Yea; now state, Mr. Smith, do yon know anything in reference to the burcing of abything in your father’s house that right or on that afternoon, either? A. I don’t know what was burnt, but I recolect when father came in the next morning he apoke to me, Mr. Halh—Never mind that. Mr. Ciinton—What was there? A. Thero was a very unplearant eave!l, Court Was there any the night before? A, I don’t recollect; 1 know there was in the movning. Mr. Ciintor—state whether you know if any dody bit ino fire with any thing that woukd cause the smell? A. I could not ay Q. You beard your father’s tesiitsony just Bow? A. 1 did pot fix {tin my memory. Q OP bes know that your father wae in tbe habit of ene chemical experiments? ‘The Court— Never mind. Q. Do you know anything of his using leather and wool- as in roe experimenta? Ir. Fawarde—Is it ” thas fact? The Gout—Never motes Mr. Clinton—Do you know anything about ibe burning of those things ip the stove? A. I know it had bese his habit before this time and since, alter he had done with them to throw them in the stove; | hae done no myself, whic. ther I did so at that particular day or not I don’t know, but T have done go often Q. You do not recollect what transpired the next morn. ing? A. No. @. Doyou know of anybody who had cherge of your r'e room who be likely to net fire to the stove? » Ishould be very apt, and the girl might. recollect you do not tht particular afternoon? TESTIMONY OF MRA, CATHERINE DENNIAON, Mrs. Catherine Dennivon called, eworn and examined by Mr. Clipton:— Mr. Clinton—If your honor pleases, tt has been with that could he dune bv ap electric | Wontward that her person was examined, and that no browes did a peur, the Court} base extended more liberty than | ought to Dave done in the mater, Wr. CHuton—Then it bax appeared that Dr, Woodward tertified that her person bad been exaained all over, avd tt not ca'led upon to show that. sje you in the Waust, Mr Chniun— Well, under that intimation, we will shorten the case, Halk—I have “hree questions to ask thie lidy, The she was present at Mr, Ourningham's party to Wore you present at that party? A. [was prenent, Q When was that? A, 14th of January Q Did you wee Dr, Burdell there dunng the evening in the roome of the panty PA. Dr, Buridell wax fot ther, Q Wax hein the honto? A, He wae in his own room of the hoowe, bus was not in the ream of the party. Mr. Chinton—Now T propare to follow that ort by show what tran«pired between Dy. Burdet! snd the witness. Mr. Haib—Certainly not, Mr. Ciinton—Well, Dr, Burdell invited the witpess to come there, and oxplained the reasons why he did pot at vend. The Court—I exclude them ail round. Take his actions and piace them al) together. Mr. Clinton} piopove to show by this witness the rea son why Dr. Burdell did not attend. Mir. Halk—Now, if the Court pleases, wo will draw our own copelurions from that. Mr. Clinton—It was net of a hostile character. Mr. Halk—Now vou are giving evidence, aud not the witness; I don’t think you should. TRATIMONY OF HERBRRT W. TREADWELL. Her bert W. Treadwell was tho uoxt witne » examined by conngel for the defence, Ho dopored as fullowa:—) Mr, Ty eadwell, did you pess through Bond etroet on the night of the S0:b of Jaarary? A. You. Q. From where? A, From Broadway to the Bowary. , Q Any oe in company with you? A Four other gou- Yemen. Q At what hour? A. Tt was about twenty minutes after twelve when we got into Boul street froin Broa’ vay. Q. And walked on the south side of Bond street to the Bewery? a. You. Q. Did you see anything unuenal in that sircot? A. No, mr, Q Did you emoll any unueual odor? A. Ne, none what ever. Q How jong did you remsin on the corner of Bond treet and the Bowe’}? A. From s quarter of an bour w ay ig eee Q. What did you stay there fr? A. T was waiting for to cars Ww come down town; ay friends were going up town, By the Court—Did they remain with you? A. I lef about two minutes before they left. Q. Puring al) sbe time you stood thera did you smell anything upusaal ip the sir? A. No, sir, Q. What was tho weather at that timo? A. It waya dark, obecure night. Q. ‘Did it commence storming then? A, Not while I was out. @. Did you moet any one on the south elde of Bond street? A. Nono whatever. Q. bid you seo anybody om either aide? A. On the other ride] did. Q. Which way was tho other porson going? do you recollect? A, There it only one man I reoollect partion larly; be was going towarde Broadway ; I recollect particn jarly seeing a door open on the opposite sidy of the street in Bond etreet. Fi q Anytbing peculiar in tha appearanco that you saw? . No, air. Q. Did you notios any light in any bouss on tho south eide? A. No, rir, Cross-examined by tho District Attorney—What time of the night was this? A. It was about twenty minutes after twelve when I got into Bon: street. Q. Do I understand you to say that you #aw a door open on the north side? A. Yes. THE COURT AND JURY WILL VISIT THB SCENE OF THK TRAGEDY, Counsel for tho defondant—If your Honor ploase we would like to have !t determined whether the jury in con. neotion with the Court, are going to visit the premises $1 Bond street, for ] want to send a person in order to show the connection between the stable and the facility of access. Judge Davios—You bad better send a person. Goansel—We would proferto have the jury go. ne » Davies—I will leayo it with them entirely to de- elde. ‘The foreman then stepped forward and briefly conferred with the Judge, afer which Judge Davies said—There will be « private arrangement made to noe tho premises. ‘The District Atlorney—I hope the Counsel on both sides wil) not accompany the court and jury; for | have eeon by experience the impropriety of doing éo. judge Davies—Myself and the jury shall go alone at some convenient time which will be arrange between us. Counsel for the defondant—We have ® number of wit- nessen-—(a long pauae.) Judge Davies—Proceed get |, Proceed. Mr. Clinton—-We intend to place all the children upon the stand. I will state tn regard tothe other fon of the defendant, that he has been brought down, but he is: rather {i} to-day, and I donot know that we can prove anything in addition to what i¢ previously etated. great difficulty that this witness bas been able w como here, She is very vesk, and perbaps your hovor will repent ber answers, The Court—Yeo; he saysthat is #0, Mr. Clintoo—Mre. Dennison, what relations, if any, ex- inted betwoen you and the inte Harvey Burdell; just tel tho Judge? [All the following answers were given by the witners to the almost inaudibly, and by his Honor detivered.) marriage. A. Ho was her cousin by , @ For how long prior to his death bad you been ac- quainted with Doctor Burdeli? A. She had known bim one and twenty years. Q. Wore you acquainted with the defendant prior to that event; if #0, for how long? A. Sho says the first timo sho ever saw the defendant was in the winter of 1966. Q. Was Dr. Burdell in company with ber? A. Ho was In company with her. Q did you see her, and under what circum stances? A. 1 kaw ber at 31 Bond street; Dr. Burdell — to eee his cousin Domis who was sick. hy Who introduced you to the defendant? A. Dr. Bur- dell introduced me to the defendant. Q. Bate whetber from that time antil the death of Doo- tor Burdell you had seen him and the defendant together? A. The second time 1 ever naw them they were at my bowse together; the seme winter. Q. State whether you centinued to see them more or lees often, up to the time of the Dector’s death? A. Whenever 1 went to the house 31 Bond street, the Doctor most always came into the a Q. Wore visits invorchanged detwoon tho witnom and the Doctor and tho defendant from the time of her frat acquaintance with them up to His death? A. The defend ant was never in her house but twice in her life. Q. The last time sho was there, the second ‘imo, was ‘wen the lat time yon saw them ? A. Laaw them together the Monday before be was mi 7 z Es i z | A Voiee—Here pe is. Mr. Clinton—We wiil offer to put bim apon the stand to give the prosecution an ty to crocs examine bim. ‘The District Avorney-—I certainly ehall not, air. Judge Davies—Sit down William. Witem obediently complied with the request. THE DEFRNCE TO BB CLOSED THIS EVENING. Counsel for the Defendant—I woul! ark that this noon we abould have @ recess of balf an hour jong. Our toast! mony will certainly be closed this aNernoon. Judge Davies—I will ask the District Atorney If he has any testimony? The District Aitorpey—We will have eno or two wit- nesece, Judge Davtea—I will eit it ont to-night Mr. Ciinton—In consequence of the great crowd many 0 | our witweases who have been subponsed havo not been able to get into court, District Atiorney—I will suggest to my jearned friend ‘that the real subporpace are endorsed. Mr. Clinton—Bince the suggestion was made tome I have followed it, but most of the aubpenaes were lamed before the suggestion waa made, BELAN CUNNINGHAM ON TER STAND—HER TESTI MONT. Counsel for the defendant then exiled Holen Cunaing, ham, who immediately vacated the neat ehe occupied be: hide her mother during the morning, and walked to the witneos chair without betraying the least degree of emo ton oF trepidation, he removed ber vol, and, after the oath was administered, anawored the queetions propound ed with promptnes: aud wolf-ponseraion. Her evidenos is w follows ~- @. Miss Cunningham, you are the setund daughter of the defendant? A. Yes, vir. Q. Where have you resided for the act year? A. At 61 Bond etreet. Q And are there oil? A. Yes. Q. Had you made arrangements to heve hume on fatar- Q Were you bome during house with your mother? A. ‘Ume, from 2h; to 4; with that all day, till evening. Q. About whai time did you dine that day? A. About wu During the day, what do ber & day, persons do you remember ere- ing wt the house? 4. 1 saw Rev. Dr. Beecher and Misa Paar gang tine sulin dle, Sarees ) Did you have « person drewumaking in the house? A. We bad 4 soametrons there. war ber name? A. Susan Carey. | Was abo there all day? A. Till dinner, I beliers, ¥ im the efiermeun? A. I wae 4. ¥ H ' or. wae efor i § of 13 g ivf j f if Ft t E 4 - i § H if Ne ‘che cree ie af ts Eg a fe? i} : i i E u Ff HH i é 3 z t if Sckos id Hy EE af ag ? est Mr. Hall--To eaye the trouble of going over the inter. fewa, ee do act object to It. Ciintou— in any of the interviews where the defen. and Dr. Burdell were present, did you percetve any hing quarreleome between thems’ A. f never did. Q. savere greatdeal of tine. Please state whether TAse pew a ee examinauon of the person of the fendant? Mr. Hall—Jf the Court pleasos we can #uppore that there ty tostimnony enough upen that point. We have nothing to offer against it. Mr. Citnton—1 onl; to waderstand the concession, Mr. Halh—Thore is onceesion; Dr. Woodward twati. Bod to that. There is no necamity to trouble thie woman. Mr, Ciankod—] yas oot vf tbe room. i appears trom Dr, Who socompanied you, if enybody? A. George here did you go? A. I went out to buy « rail. a You purchased @ veil and came right beck? A. Ya, 4232 E i wit ig cooeke*e = fefe 5m oi, Ai your mother hare on the eame dress, OF rs brent rest from what she wore when you lef her? 0 had on the wame drew. a etd tte ene that dress unt) you went to bed? & 6 land Wor ft inde the morning. Ry the Gourt—What Bint of a Som wast? A. A Diack ke we wi jik akirt. wO Where ae andreas next, morning? A. Mbe had it 6m, and the Ooraper took % to bave \¢ emt: . And that la the came dream she wore day aod vigh? A. Yee, sir 8 Q Where 0 pon sleep that nigh"? A. Icletws my moiber, om the third tour, frout reom. Q Who ¢inpt there berides jou and your wother? A. My vietor Angrintas, Q. What time did you retire? A. Tehould think about» Jiarter part vleven. @ Did you go immediately to sivep? A. No, cir; we inid a sake, talking, & <bort ume, Q. in what positions wero you—that is, which slept in the middle? A. Mother sieps in the middie, Q. bid your metber get op, from the time you retired, during the night, your knowiedgat A. No, #ir; abo did pot Q. Lid you hear any anusa) netse in the house or around A. Noy air. Q. Did you obeerve any anusua) odor ip the boase or in the rtreet? A. Ni 5 Q. When 'you got unusual odor? A. No, cir, 1 did wot Q. Did you notice anything upusual unt!) afer yoa beard of the Deoor’ death? a. ir. Q. TA4 you bremkfast with: Q. Who wax at breakiast? A, William and George Suotgram were at breakfast, and then me down a fow moments afwewarda. Q che) have Dreakia-t there thas morning with your A. No, #ir, he wont oat before break fast Q Did your mo ber go down that morning Defwe sho went to ba brewkine? A, No, «ir; | wont with ber when she come down #iairs in the morning. “ Q Did your mover eat Ler breakfast that morning. A. vom tir By the Cour’—Do you remember what sbe aio? A. No, it hha death of Dr. Borde? A. ar @. When did you hear of clock; | don’t know Saturday morning, about the exact time, Q. It was ufter breakfast, then? A. You, sir. Ry the Court—After you & tairs? A. You @ Ip what room were you when the announce made? A. In the front room, third floor, @. Who announced jt to you? A, Hanbab. Q. That was the first you heard of it? A. Ye Q Had you any inUmation of it before? A. No, sit. G. Po you recollect what was the anguage {a which Hannah annownced it? if you remember, jurt state it A. T remember of hearing ber ny “or, Burdell is dead’? or “murdered; L don’t know which; that is s!! I reselloet. Q. Have yon any recollection of what traneyired after wards? A. Lhave not. A recers of an hour and a half was here taken, AFTERNOON ON. TETIMONY OF BELEN CUNNINGHAM CONTLY Q. Were you in court day before yesterday, when a po- lice offer hwore a4 to tho singing {m tbat bouss on tho Sunday after tho death of Dr. Burdoll? A. 1 was not in the bail. Q Was there any singing in that honse tho Sunday morbing—the first day of February—immoediately suo the death of Dr. Burdell? A. No, sir, where was eve not Q Was there any singing the Sunday morning afer that; iL. e., the second Sunday fier the Doctor’s deutb? A. You, sir, Q. I wish you would state what 't was, and at what timo and under what circumstances? A. [had taken ap mg er book, and, after reading some prayers, my exe fall ‘aby mn in the back part of tbe book, whiob I knew; 60 Leung it. Qt wah you wonld tel) os what hymn you Lage (Tho prayer book was bere prevented w the witpem, who open- ‘ed {land pointed the byma.) A. It te the fires verse of this bymn, Cour t— Firet verre of the 12h hyma? A, Yos, sir, Coumel for defeves—] will read t— “God mover ip a myntorions way, His souders wo perform. He his fuowtupe im the sea, rides apop the ewrm.” Witners— That's whut | sang. Counsel fur defence—lt w tho fret verse of tbo t2tb hymn io the book of Common Prayers . Did you or your mether sing anything elo thas morning? “A. No, air; 1 did not and deo’t revollect of mo- thor singing any thing at all, Q. Have you any kno-siedge of the way or manser in which Dr. "8 death was caused? A. No, sir, | havo not. Q. Have you any knowledge as to the time whon he was killed. A. No, sir, I have bot. Q. Have you any knowldgo as to the person who killed him? A. Nowe, f have net, Counsel for defence— That ia all. District Auorpey—Wo havo no questions to ask her. TESTIMONY OF SMITH ELY, JR. Q. Where is your piace of business, apd what is it? A, Tam engaged (n the leather business ia Forry stret. Q@ What number? A. No. 9, @ Aro you acquainted with Jobn J. Keke? A You, air. @ Were you eoqualated with him lt Javaary? A, Yeo, alr. Q. Did you know hiv boarding pince? A. Yew, alr, . Did you call there in the evening of the 30u: of Jana- y? A. 1 aid. Friday ovening? A. You, sir. Q. What hour? A. I thivk it eas between Th and # o'clock FM. Q. Tid you leave any writen message for him? A. I left @ note. Q. With whom did pe Wave 2 A. Theft it with tho jacy @t the door, Mra. Cunning! be @. You caw her yourself? A. | was not powitive it wae her then, but having seen her since, I Kuow it was ber. Q. You saw hor in person? A. Yeu, sir. Q Was ita note for Teckel, be delivered to him? A. You, rir. Q. Do you know what boceme of tha! pote? A. I do not Q. Hid Mr. Eckel mest you next morning? District Auorney—We object w Una queeuon Counse) fur defence—We won't ark it. District Attorney—If the Court please wo proposed to ask the relaiions of Mr Eckel and the acousud in this ovo and we were met by objectivus @hicd were susuuned, 90 wo bad to strike outa of our case, and oor. tainly the dofeace abou! Counsel for defer co—| << of Dr. Burdell, wrtified that J. yard at 31 ond street ata certain hour tp the morning; #0 wish to in'roduce this evidence for the purpoe py a Jost a the witness was leaving the tand. Court—J don’t see the importance or relevancy of iho question. ‘The counsel for the defence began to argue. ‘Tue Court cut him short, saying may ark it. ou see Fekel that Sau mornt; Q. Did A. I did, Q At what hour? A. Shortly afer 8 o'clock, Q War itatSl Bond sireo? A. No, air, it was a 17 Banton pireet. Q. The night-—-Friday night—you were at the house 31 Bond street: did you have any Conversation with ibe de- fondant? A. Nothing oxceA what was necewary wo te quire if Eckel waa tn and &) leave the note for him. Wd you notice anything peculiar in her dress a f@anners’ Ubdjected two. Q. How was abe drewed? A. Noticed nothing partioa- lar in ber dress. ) Al that time you were not acquainted with ber? A i soon her once of twice before. @ Wan teers alighe in the ball A. No, sir P Was there a light in the ball? A. i think not, wir. ox Atborucy—-Wo cortainly have po cross vaaenine- TRATIMONY OF JOHN OMIT. Q Where is your rusidecost A. At 66 Gront Jenie mtreet @. That to the first street north of Bend street? A. Feo, mr Q@ Do you know Mr. Yokel? A. Yoru, sir, Linow him Thave men bim. a ee ee A. You, ir. Q. Did you doltver some Ume tp October lant» piece of furniture & wbese A. 1 id, air. - , thas up) 2B lighted before you ef? 4. I wes 4 fl § : i [ end bedsteed war thay A ly, fel * E = s i Yes, oir. day? A. Yor, cir. bere handed t the wit- ” 3 5 SF E> : eBcfeoe # i Hy Hi uf if 3 i sEEfe He } j £ [ £ E ? if? Py @ You revideat 01 Bond etrect? A. Wee, ar. Q Where were you on te Sth of January we? A ‘That wae Friday, wee tt wot? Connsel for defence—That wee Friday. A. Twas owt all day Ul 4 oF 6 o’ciook, Q You mean away from home? A. Yeo, air. @ Was you away the night before, or did you go am that moni? A. I went out that morning. @ Wore you to dinner with the family? After dinner where did you go? A. I went imme stairs te the third story froms room, oh what did you do after hae? A. Tahini J did A. Lm.