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

Newspaper of The New York Herald dated May 8, 1857 Page 4
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which im not true- The* wwwurod in the i..mphotty ot liaii>itiM till If iriiowi twpui oil the stand r?iii'||t-|? ? Ail U?U ?<vwry word whwh Mi Own thrir linTwaf truth lueff. Uentlomec, we shall cxU the children or so many of them as we tmnk important We .1,.! Id iUu*tiU;io, who wore in lie Ui>d.iO Uwt Uitfhl .. h,,-i-m uiili her. and who were with hsr at the tunc uu>? m> " "* murder wau outnauu.?U. Wo wiU c*U throa ' fittie bo)^, and they will tcli you oil thoy know that trans i that crtn i^. and if w e deem tt ueeoioary wo shall Call yuuNL Suudgio**, uud Iho DUb id Aliurut:) may (jutts j Lou Lui ? his heart ? cuulenL lie ha, hold bin to bail iu ?s,f>OU * a witness W by do** he not celt him ? la tt anything but the truth that the Iflstik-l Attorney wauls? Vet h lie. left of! tbo witness btbud every iwrson, with one exception, who was in the home on the night of the mmderr Don* he suppose thai aU in the Uoum wore pin) to the biuriltu." Items ho auppuoe thai the daughters of this Udy, that her little aotvs, that Sno.tjrn?--( an.l thi servant girl, one and a!! were concerned tn it? Why not call them, and extract the truth from them? ft-iilc men, do you believe it within ihe range of human jw-albi lity that this lady could have committed that murder on thai night: Why, if you are Uut sou died of the utt -r ltn later ibilily of auy thing of thai hind, you will>, before the case ends, be satisfied Hie Hut riot Adorney told >oti that whoever a:*assumed Dr. Bui dell must luvo become covered with blood from hood to fool; that i; was no figure of speech to say they must havo wadod in pools U blood. Would not. tin il, the marks ho carried everywhere the party went? This hoiwi was ccarehed from ecUar to garret, the premises of Kofcel wore scare hod, evert one iu hi* family, every one iu the family uf the il.'f. ...l.a.i v\ay t |>ot vm blood, > ?erv grea<io?|iot uu too clothes, rvM tho Iruil Atuu> wore ail r.ulijoct.'d la eheinl?uhihi!im?. t ool>l Uwy hare ow<t?t up tb? ovidcmum Of Uiw niur<W if f uillj of iu The thing was impon-dUte -Aea.:., with regard u> lite rUb which out the carotid artcij. 11 b a downward cut; uud cuppuaiug thu doctor (xr the mark o! the blood on tho wall ahowj) to have boon erect when he received that blow, I tie n,HQ who inflicted muat have boon nm only strong an?l muscular, but much taller than I?r Burdell. That the doctor ww standing erect l? alio wo by the jet of blood, suit! then the blow being given downward, yon can see ti?at il uiujI bare boon gi\ on by a man much taller Btau ltartcy bo moil U wa?(fivn, too, |>mh*l?ly by one basing anatomical skill Tho pbv?ioi?n.- ( II you thai it would b>- diflicult to plant blow- to cttcctually. A tall man ma t Lave done it. Who!.- that mxnt IVc are uut public prus-crulu. All thai we know the J!l.<trict Attorney know. It appca before bo Coroner's Jan that vai'iotu otb tr pmUew w>? Harvey Burdell on tho (lay of thi< murder, it appears at on" Individual, particularly, had an ap poiutmrut to bim in the evening, asd that he taw hiin late tiul afli i uouli. lie ?x. the o?iy flying utau thai had aut bu^uicM with llilii, o: had uu appvu.liiit.ui?to la: as the testimony before the Corouer shows?ou lha evening on whi<-Uhe was killed. The lustrict Attorney m Uh op:ning, raid that it. fox ax lihn mi day. Why 11 hr not here? The district Attorney promised to produce !>jth XT. Cox and It. BlunUuU. iu hb opening. Why hauhe uot produced these w1tne*?ea, particularly I?r. Btaisdell, tha' he rrr.zfct be a*kc<l tf money wa? not to be pail to It Hurdell that night, and whether he wm iotere tod in the money to be paid Liur, aUo for what purpose the uioue. w as to In. paid? lake that fuel iu uuuuectiuu w illi the (art that no money vn. to lie fhuud cn hia person. We are not, 1 repeal, jsibtie pro-ecut'srs, h'lt, a- good citizen*, we give the 1 adrift Attorney any infonnaU in we Late. Prove, the W but Allot ney, ttho U:i- a givihr motive. if you do not, the deffnn hurt ought to bo coat ictea id lltr~ irlfuci The rules of low re?ei?e?l. I regret In >eo the public pro-ocutor rail upon you to reverse the ruled of law, a inch is hi elfict to vioiute the rule* of law. To reserve the nnca ot taw and hang the defendant unless she will prove talioU guilty J Cnlcss he I* guilty, how cau Mir have the knowledge of who is guilty? Were it another Circumstance which will be proved before you in regard to tide defendant I have already alluded to the io'-ertion of the II?Wet Attorney that a m irk wa found on the defendant's neck, a? if -lie was engaged in a death grasp. If the had been engaged in that encounter of d'-alh wdh Is . Ih.rd. J not a ft'* wounds would lutio U* u iufhclvd on hot .person Were there auy mark* of au*.h wo..isl?.u.|ssi bu person. Thu ....n.., u,-... ......-i.. gated eni-pected as she was, had liio examination of her person been made with do?vi.ry, and tiv one of har own ge^ we never wmil l J.ave lisped the fir t wnrrl of emnylami. But the Coroner h? ? it info his wt?- head to art ns-tho irh she were guilty. He had her examined, an t Oie it it I?? ???!! ?? ?>u is mien l lis) we ire Iiovihi Kt tulrKluor .1 btfr, i> raNW?d I?i4vm dIm bt<l no i|ia!u.ii ii. the deed, )i l flic tr-uinsr la which tin) exacu.naliutt wmi ii Uuiiued, by uet, in the pivaeuce ol' tivuu v uoisury. * u. n ull u? Ui j pityuicuui?thu niti.ur 01 ithat w l. aucti as u> strike every human bcluf^i Uii city.with unutterable dkgust. You, geutie men you can unfler.-i.iml we when 1 ray that tui.s woman lots been drfiruvtt nl siTI her ri"hl-. Ii was not enou -ti that aha -honM be ! ? Vetl up as a priaoner b'tt aha, the j BWUhrr nf grown rip daughter*, rhoul.1 be subjected to the ! indignity ct Sting ftr.pi-.J naked as when she came. Into the world, every pirooik tier IWIi tell and cstiiimcd, wiui ? tk* HIM U Utsre w eto m*ik.u o; VMMM. Yes.totlia K vtrU.-lit.jt condemnation of Uiat w t etch be it ipoken. who ordered it to tie doi>?. Site ? 1- made to expose her person to the prurteDt ruri?ftty of that wretch who sneered on the stand ye?U>rdaT, and w ho called Lim-eU "Wpuly John." You 'atd tliat he did not want to answer whether ho was priwul. Tint alri|iling allowed l<i he lu Uicie that ho Ituyki fare on the naked fortu' Ifllteieeser was a woman whose fOe hog* have barn on traced, and who was entitled ?o sympathy at the hinds ot a jury, it is this wo man. 1 knew not why the DLitriul Attorney -should aay tliat ahc was uiscntitlod to all aym;talhv. It siio had known her rightund khnt down those who aUe.n|itcsi Uiok to e*|<Me herpeomn, abe would have been protected hy law and acquitted by a Jury. T!i? Onrctier h i ! no right to proceed bo. Yet the result of that examinitlon *i< U1.1t no wound w a- found on In r perron, ia 1 for th" rwi* thai "tie had nolliing to do with that nark deed of blood and horror. Ibis (act apeak. trumi* 1 inu.-d in her favor I'nler the indictment and nn-W the proof the prtc center car not ak a conviction, except you lind that she wis aiding and abetting In the murder. Hut, then, you hat c a proeccubun not only faihug to prove anything In Onlaldt. Ii their case, hut in addition {noting tor iniKMi nn< <4 the defendant, and in addition to r>?i you will lure e\ eletiee to show the iuii-vaibiiitv of lit-i I1.11 ii. 'any thing lo do w illi it. Wnwill lot odnCv an oUi<-. hem of evidence. It was raid, and the drcutn-UOce a.Ji-1 mtH i-lu raise a feeling of prrjud'M i(uwt the do I'tidai 1 Itmii on) thing tilae bow oniM the murder be totuaiNesl in the hour-- and the imn.oei not hear it ? Ihey would ptvie hy witusseer who had for two hours madt expt-i itn. uU on the prrim ev, w ith the carpets dowuaudllie doors t lo-<-4 4 w a- utterly impossible for any on u. the room occ .pi d by itr . Ourdcll to lu-or a Italy falling or a loud cry from tuf room in which Doctor BurdcH was. killed. Now , K' nth-rocn, w hat bts-omc- of Una rascf Tlie restrict Attorney think- twelve men w ent upon the ataud as Jurors UN uicj in;n wrawwij in in- ir>u?c NMttteSfcSMrSSbOui il*. murder, and that tlo-would Imve ymi think, to (nduiv yim to boliove that audi us- tlio tact Yet, bad tho-.e men boon with us that ii^Ut.aui! UsVttiod u? the leetiiootty gltcu l>> tin. wlLn? .?-, certainly you would have coirr to no micii cnncludon. 1 hove IL..?, geblltnub, goon mil ubout a much a ltd tend to aaj in Uji> rvi. I burn felt that the roimrlf* I liarr mail)' have be<n uim??*^rji lor the n-u. >n< alrnfiy Haled. and >el is carer of tlii!- kind coju-cl are requ r?1 to uppli liner ram-, iii.'l to du in tin ri- peel what they voulu e\en tf the ca e v.ere doubtful. U?e LA-in t Attorney tia. preened thin ra n In i.m-h a 1 iiavr been compelled to make atunger remark In regard to to inurac than I other mo' ebonld. Ab4 tllilk jrot wore Mttinyr there li -t*nlng, and while I waa lideatog tr tiu? rkxpiem e?|o hin la ? u nil i.-.loiv?to llie (.ketches he drew from remote hi ti i y of Ue p> rate women, i co lid no t .t remember that In tlia time thorn mna rrtmo nolialo ful ami Iririblr in it ron-ojuonro* a.? to entomb and *lr?k Into lorat'tuOraiicf almost every oilier oU.mce; a crunt which di .tilled it - dea iln t poi ion In w hole comaiuoitlna? jtlaiiUii Hi feet upon a uatiou'a lubue-t-?drove It* -bail through the put-he b< art. a crime, *<mtl n Ui |ti0 |>lai io-t In th.- (Atakcue of nin, who h b* lon d and ('angri-tied in tho brut* ot tluwe into whoae baud* * ere coroniiUrd the admtni-lraUou of public justice; aai tiiwl ci line exlited when lurtce convicted prisoner! of capital crta??? w ithout lutflucnt et idem o. 1U <>: Uioq Of j lilted Htui tbi'iieiuiieui irtn of in il/.-d law Tlaeen crimn were calico r.- I boy abo-ld ho called?jniMal trurdorn. The riprntog ipeteh ol tho 14-lrirt Attorney turn df i n'nrit tin; only tbiijt which Li; 1.1 recently b-vugLit to Ui. tniti'l the retm-utbranci of thoeo crtOMa. It would ace in *s though? Mni yet ] know it is uui the I w t.lor a kinder ii?:?rt.?l Itiau, a more nicotnplnbod gentleman, or an abler lawyer I bare -r. lom or never met?;yet I xnjr If wo wore to pi d fe btsi by that single art, wo would judge hi at to be one of the t. rcr x n.'.d n.i. t (irmoLiacm of lu.- race. t. 'Uth aa ?n. the far" will now be abbuUtled to vwi. I restore to .-ay Hint eftiT jon ball H*teii to th?- to iiiooiiy we 'hall olToe. the |>iea an'e i rtuty j on r-xer pr rlorined III vonr Urea wrid bo ?W'l'iH thh wienan, uud rmr. w o Irom her thli ebaid c4 dognoe which liaa n long boyored oror bor bead. Y?e will rejoice ih&t yc.u arc n >l called upon to thiow tner licr ani her ciiiiirtb ?orer ber whole lamilr, one ami h .?tb> Piarit iri.i.i;, iufainy, whom thick woetdenriiiiitxei aixl i nianxli tb-ntttar i igh IH"e; but it will nr a |no? ant duly toptiirnni to timm, tho oil ofuiW'olation, to iwoteot the Widow un l ih fa'Urb- -. t ay totbein tboy tiave al b. i a ... .. it., . . , ? 9 ? ...i | vnnoi i mn w auii the.! |?, * iii t'.-tri lUom I01U1 reli?trol ol luii tMMieaB, till" l*i<, Uiia ttuairvme, tiiabolioaiJ c-wrge. Vi ta-n you i>are Uotut tlii.4 you wiU Wt? -ttlM yBaf tw and the w h<,le ? joini'iaitr will ha\e rf i-">n to award to yoo 0i? thank'. due I" twelve hoD??t, iipetuht mea TP-TtMOaY K<>R Titp. ItKI'ltNCK* At Um Clot* ?4 Mr. Chntou'r op mug rpeech, hit aa >eta e ronrtcl naul "Wa r?!l v U,? flr-t witne* the P.?r. IT. Brrrher, of i aret'.g* Sj>: ' l?r. fteerhor thin raibo forward, an'" >? or *w< , n, y?\. ihc fOHo.ri.ig t ti mor.y ? HM. MCMCMOa't* WllttMt K. g. f>r fleerItor, git e ) our full name ant reidcneol A Mj in leither I Beech fr; 1 hie at t*?rM?w:* V""*" g. W 1* y oir pmf -'loti* A lain a tin gj tntu .1.1] l?cb<r. g <T whit dermnittiatinttf A nrtlir (Upti.t rhurrh g |4.| JO.' kt,*w tfwlat* nr 1U? .ey IP r.lell, of lh??. ,ly? g UriffT (N yw kwwii iaiwl?l*l with bl af A. At So ab*.a ?|t inga. g. Wlirut A. lu Juno. l!1"#. g |H? iou know the pri oner now at the tur* A. I o g Where m>.i hen dW yo'i horomo oi-n Tinted with t'i* A At Sarnt/yrn . <>n Uv Vkh <>f Jul/ l.ttt g W bo u,u udux-J you, ami ruder wliil cncuin-ltufce 1 A IT llartet Rardnl Intraiiiiwi hff Innt'". g Wh. r?? A At the dei?.t, at Nir,tb>f.t HTtr1n?i. g V , IA u. W Pit dH jrou trx her there* A. Mile t.'?r.'?4 ai th< ? ?*, .'- re n i)|i ?e aim >t Hire.- trri-Ri. g fi'i'tna tlMM llrtK, atr, wh^e IT Waritet.T A I aaw t m at tWrM<*a 'r n or th ee tim-e Aring lh" titn*. g l*? }?r., rmntl ct w". r lie hut drill A. I am not Mrtain g Where Aid Jim nee ),!? A At the liotl-e w here Mr? ',i<t,i"rl,?i, taw ; g !?i you nirdleci whether b< wt i.t pi w ria ut rile out with hei w nut* I The I?t-ti H ? Attorney?* le what t|,ey ,h t a I re.i|. ha? ote tim , whew tlwr rt?h ...? i.,... r in earrtajo of the lortiiotion. and I h M-ed tin m mil tv trei :jr g le ti|# itvigiitor <4 it p i , vr n ? .n tlm i itorA at Sarai'tRa Hpr|it#-t A Khe i Tti. tioi.rW Ih IIui hunt you tliat V- I i . hi-, I-oat :?.! at III wtrr li . ? u , f,, . , , i (le -.bud ywu to eay Uf v ? ' o t r r. i ir>ot it, iBatNnthMi. rrnca trliK li I run i b-<; It W| at I a It 'irCiin hounr Wit nr. - It hi t?l.o luae m-nth- it the year, nitd trrn oath- Ui the ormnM-t th a .aration, ail du j that NEW yo tmc liuiboarding piano oi the higbeA grado for fami bee. Tl?e C??ui?>ur*(?i<to?U Ml/, or au/ perouo? A. For njoue. The Court?It is el! in the umc estubit.-Um?nt f That is wtuit I w noted U> get iU- A. Tito, tie. Q. \ cu key that tho daughter oi tho yisonor u bow la Uiowhooit A. She U. Q. llcw long Ua. .dio been there f A. From about the bud week or Scptc tuber. Q. September kail You. O And Kit* ban been ihoro over Rifle* f A. She liar. Q Wha in her agef She 11 hi her to'irteeuih year or a littl?? ovrr fourteen. Q What 1-. her name? A Georgian*. rnaeuu'a LJuLt-U- -She U the third daughter. The Court?There aru three i l'risoner'b Counsel?There are throe; alio U the third. Q Were you in thD city on Friday tho 00th day of January lift! A. I wo?. Q. At what hour, abootf A. At about on? o'clock; from a little before to a Utile after one o'clock. Q. lUve you a brother residing in this city, ah of A. I have. Q. Whom did you aee at No. SI Ruiul street, on Ure occur inn of your vUit tl.erc on the :?;th of January last)1 A. Mrs. Burueh, kluus Van N'eaa, Dr. Durdell aril the boy who admitted me. Q. In what room, air, was you in on that day ? A In the back parlor. Q. i-taio, btr, when you went iuto tho room, whether you found Itr. Durdell "in the back parlor, or h he came in afters ar iaf A. He came in after w arils. Q. Wht u ho c 41110 iu who was iu the room besides your stiff A. No one but Mrs. Durdell. Q. W bat wait his appearance and conduct towards you upon lb el occaeionV A. 1 uotiecd nr thing unumurl. Q. Did you, air, at that timo mako an appointment to lake her daughter lluhu with jou to Saratoga? A. 1 ututcd that she could go w ith me. The District Attorney? Did you make an appoiut mould Tell him what voe did. Hie Court?Nerer mind the particulars; answer the question. Witness?She was to be writ to the Hudson river depot the next morning to go with mo to .Saratoga. H For what purpose? A. To go to Saratoga. <j. You tall the house, thru, with tait arrangement? A I did. " . y. ltd the meet you the next day at the depot? A. She did nr.!. Q. Did Dr. Burdcll know of this Arrangement f A. No, wr. Q. Do you remember tho fact that Mrs. Burdeli on that occasion invited you to come there to dinner tliat night, auu : ia\ uiuie ujiuu^u mv uinui. The liUlrict Altvru. y?1 object to that question, because it is exceedingly leading. The Court said corns:?! could a k what she r.ald to the witnes.-.. lire I'istrict Attorney?I biro no objection to that; that u not leading, and if it war leading, it id a naked state ment <>t Mrs. Cunningham when the doctor war tint present. 'lhe Court ?Try, gentlemen, to confine yourselves within the ruler 0f evidence. Counsel fur defence?We arc in a court of law, and I want to proceed accordingly. Q. I>r. Ileecher, in IV viuIkht bo-l w> re you i?u I fbr Uro tuition ot this daughter who was there? (To tho Ditried ' AUortuy?I w eh to get at the fact.) A ! was not paid ' directly, but received the money which war paid to my j ordei. y. You was paid indirectly? A. Yit.ulr. y. Who paid you? A. William A. Ueoeltet'. y. Your brother? A. Y"e?. y. Inlkctmber? A. I didn't receive th? amount in Dc- ; cember myself Q. You don't know but it come from TV. Bunted per- i (tonally? A. I do not Cro.v examined by tb? Pi-friet Attorney?Q You end i I the prisoner Mrs hurdell; did jou on tire day ot tiie into*- j I view? A. No, sir. , y. You knew lrcr ac. Mrs. Cunn.agham? A. Idld. i Q. Y'ou knew her, theu, by uo other name? A. I did , j noi. y. IIow was this daughter brought to your Mihoni or Introduced there? A. At the time Dr. Hurdell intro- ; dneed by a gentleman; he nauie.l the fact to me that she ! wantMl 10 ulteod? i TheJH-trlot Attorney?Thai won't do. TlAt o.ii I?Vim. Iliak rlaU- hi.-. Mr to. i y itr ?!<?< to v?mi about huiiog ihia vouug lady go to ^ovr xliuui > A tic did. y. Aii-J iti parsttatfpc f>: iliftt'rhr (.imp ? A. T<v, sir. WILLI** A. K&t dltfvK it TEHTIMON'r. William A. Brecher was nest called by the defeu*e, and ! bung sworn, tr^tillesi .? Q Mr. Bcrchcr, what L1 yonrba^ircw? A. Ian a broker, j Q. Vou arc a brother of the Ltd witness* A. Yoi, sir. [ <? Y011 heard his testimony in relation to the tuition of : thts yourg Ivriy?who ptirt TMI tfeat MMft A. Itr. Murj dell. I y. In w hat w ay did he pay yon* A By !? ? rheclt. y On what bank? A. On the Artizana' Hank- It waa i dated ahead a few days; it was (or LOU, paid oo lh? Vth of , December. PR. JOHN M. C'AltWOCU CN'H TRsiTIMONT. II John M. Curnjchan was the next wittier aworo. Q. lioctor, what te jfovr profer.Mou? A. 1 aui a prole*- j or of surgery. ( Q. In tbi- Medical College of this city? A. In the New j Yolk M? dual College. y. What is your age. and how long have you been tnthe profosai ul- A. Iliarabcen in the prgfeailon eighteen or nineteen year*. DefendantV roan d, (smiling) -I w ill waive the que* I llun as In your age; however, you are married. (Laughter) The Court?What la } our ag< ? A. I am forty. <y t oo were prevent at HI I'ond street at liie tlinr this pott mortem examination was in pm(reea. A. 1 wax there on M< nday alter the murder; 1 think it was Monday, y. You raw the body? A. Yea, air. y 11 1 you examine it satisfactorily* A. I did not eg an Hie It mi iuU.1) at all. hut I luukcJ at 1L 1>> the Court?Yau didn't gtva it a uud.ut! examination? A. I lnokrd at il. y ^ou have read the medic.ol examination signed by I>r Woodward and other-? A. Yf". nr. y Ard >a* a part of it? IH 1 it pmgreaa while you were in the room? A. l'vrt of it; I aaw two or three wounds meant! rou. j y Idu you notice the wound iu the neck? A. Ye?, air. y. W hat do you ray iM that wound, whether it w is mnr al or other* i-e? A It was a very dangerous wound; v?ry hkriy to prove fatal, rx" U'Tia! iL.ri.; ul,,r vita! orcan w.i - there* A. The la. ea blood of the neck and the wrm of the nock, the large aeno1 which load from lh* br i n u> the MoiimcIi i nnd Iniif*, nml oilier nerve*. g You read of the wound in the rtght ahonlder. A. Yer.ilr. i g. What of that? The H trlct Allorii"y - If Ihe ' litl we will hit * I tb? letwllt ot the dnrtnr'a own knowledge We m ivt ini Kit a* Limi ere, rime we are not Li re altogether .. > frl -ttdi, | that be w hi (online hi'o-i ir t? In* nuKllrtlljr, which 1 have j lo docbt he dc. irca to do, to whit li* raw. I mipjwod | from -onie rrn.aik - of my frt nd it hiei opening. that -om^ evidence of thi- kind iincbt be tMuced; iu l I vubmtt whether there cm be any inch thin* a? n le tim'ii.y of * li o|W<alril oiii? ? ?< ( - > o{V?Ue* 1 by 1 ?lmnlt?ne?HH ol? creationf Yo?r tmnor I* awarn ' that lu ra-"i of tnnai.'y, thai although the debtor.or porjenn, or fkydriia, lei* hern In court and fceard the tr?timoov ot otne'r wiedmil wnni^xei, lie h not I allowed l?> exi>re?-hi? opinion except fadt* are adduced v he b lie t? jw>r-on.i!ljr acquainted with- and thr doctor car.i < t be ex.iinlt.ed tn relation lo lb? m iner, utiles he ' had p>:reoual 1 j-' .?ledge and m-T* etian T*ie Court?! tt not the rule that an ewerl ma, be ra'li (1 f|(T. fn'tn riadtuj, the evlueuce of aaother? The P irtet Attorney- Dy no ovim. Tt?. Court?My tm|it?wion l< tlut tliL-1" the file. K fondaLt'* count11?1 will cltc a catt In the Court of AMa-al' of prrcl rly thi' kind. The Hldrjrt Attorney?Yuu (?n put a hypothetical mate ! meet, an:! il h! opinion of thit J* f? i.d nit'- cOuitM I?ThatU w f...t I istca led !o do. The Com i? I supioird that wa> what he ?i doliu': read tt ?- a hypothetical caar. ! |V'*endanl e eov.mel- IwfL The < owt- -Ytm it ay a-h htm ' i* ni to anything I rtntrd N friutart'. rouadlbca began to read tb dc -erlfdlon of tl e ft. t wi. iu.l, a* fbllowa:?' Jfco At tv. Mudwhl Ji pref. lit* tUeli U one Irnh from tl.e lolt nlppr, nil a line and Ir.friTwl to It It I. out and one ?rhtb ueb in l*ncih. Tb* second I.- tn< he., down tn the heart." Thr one I want , b. la 'I . ,itt iitc i, to |' the one i :tr?n tfc fourth and liah rib?, Cut went to the h t. I a k, what waa the j character ol thai w utiiei, ? lo bi .bg * laugei'O'ia otio or ' I t.oi; AVlti-'i ?K.\t-"Tpc'y daDimou*; fi"W' pro'tbly fatal. Q. 1* there any |?rt of a mar.'a body where a woind Could be inflicted with wo." i" Hi t!i*>i their a. Wounda of (be h-art ara almo t in\ triable fatal, not no Immediately, however, a a wouad in one other part, aud ftOu >l lite unit |>*M. at?' u??t i? in? join miu ? , tin head Willi th>' ?|iin?l ..rf.inu. where th? rpntal mtrrjw rnn? in'o th? brain?that wvm Inrtaidatteva? death a per <n! traj live a borl Utn? wlib a wo"iid in lb? It-art. Q. ir thl next wound tlr, il*M b-r-?a worn! la li.e direct i- U to reach Ihc heart. no a- to reach the nontrl ele? would H liecereaill/ hi a fatal A I ebould 1 >\J ao n.'i certainly, it the IfMlrnaMut were drawn mil pr.rtl~nbtrlj*. y. tin II.'-- rlirtil boulder, interior at?1 iniraid?. oror the j t'CVtnoKca prwi m clatacte, ll a ?wad OW Inch wl l? daejt ennttgh to extend through the pleura; what ciC tint J woutdf A. It I. Ui'cly to prore fatal <J V. bat fatal ora-in 1.-: it. th? neighborhood of the ] WMWl that v,ouid bo babk to tender it fit it? A ' ?<* of j thn Isr^p fU In? heart [*' ) through th? mib- I flj?vlc *m On t<i one of tb? inwt unacro'ja wo'tndi that I Ctt. ?.< liiflHtrd. Q Tin ?.nc In tli? ahdomeu in th? latide iotariailf. ex- ! tending Mr nr n.-M lat h -It tli re anr partlclnr ore in ! there that would be reached by any wound on lit? left i llli? fY.ort rr .-l <ri n the printed *lat. m tit ?-'Two or I three wound* In tin- abdomen, tn the inmirh, fntf, Ir? ) or Mr inch.. ,n; another n-ar Ut nor fin of tbj bip, I pear th? lets Mdr.l j W.'V.T " Ttl" fl"rT1 'r',, l'-"""|l if a rerr ' ttal organ, an I ' moat It*- ? U1 f? irti'o it itb'whr n n t'lo l<vt. ! Uj"' A. It t<the left aitla of ; Ui?? tnmdift |i;ve IVfi-oiiatil'it Ciiilt-rl here ( tn the wdtne** the Mtaodettl |ilat(-? anda'ked lilm to piiot ,..,i the twenty Of th? ?oil!, t Til? plates were a! < v : <; to tb J :ir I lor Blew Ui )w c u<-u I v 1*1' tU>t I?ij?t? pr<--ii! a ".nrt-t Ti?n of Hi? carotid art-ry* A nw*.. I?. at.?l the vwab ! eeri r?t abo d 'hi' part, (pointing to it,. . , y lb* t.i <k hand renin m d'e ? eottur t? . h i<? r I the pi.ire under the would hn m? t rap ? I. ? a pot? A. Ye ,- I.'; the pine., by th? an ;!? of th? j y The wound-bet*pen the r itl-.n -t-?nV h irff l A |w?)l< n of th< til.- I rid off m eMh.T ri m> n? to i rjx* e tin heart; the boart I? enr'"?Pd la a bug. 1 teg-. v?* role eome to the peck from the gnlt clavum O Hoe-tor, looking at thee wmind* prafb-linollv, | wo'.;W n. k o|i4iii"n whether tlie p. r-um whotdrttna . liirtrt, lm i or hvl not a (pod knowU-dre of the ana! >mv of tlie hi'Bwtn hodj t A la many wwrti.t. loflb ted npoii ?ach would Indue? m? tr. heller? Ui?ra m iet b t?e bcoa ? wlrdaain re*?rdtu thm t-??<at??i *?. Q * on, .ir, ft< m th? et sd-nc? in the ca e, e*ipp t.hng j it t<i tw tnw. i?r Mot d In tht< nirdi I el-iteni! et of Ui? j I wound and where ihe> wr? it?Hi'f?d, bellewe thes? j I nouadc aecH nut in tbei: pM, or .ntcnti -tank- A So 1 >RK HERALD, FRIDAY, J t, Buy wound* beiii* directed upon important |?uu. 1 I rfiouM m/ it wm UitoutloiuU; that U the inference to mr Blind. g. Vou liatf luul cuiMitoraUM pracUi.e n* ft eurgocu, have )o? not, k?Aiiifl ftl wouud* iiiflioied by vwm. im.% A. ' Ym. ft nrnd dnii; I am mirpeua in Uie iance-a 1mm- 1 pilal in the country, 1 Ixihevti, bwiilu my' |*U ate prvtioe; I hnrr seen n great drnl of winr>rr. ) ' y. lad you ever lui?w acaae in which there were uo j ; many eoun.U u|ird? viiai point* ft* in UU3f . lntouUn- , le-Oftl wound* you lliefttl? j I Q. Y?. A. No, 1 never did. I Q. You wore lu th? room of 31 Bond etrnot on th? Mm- 1 , ilav euccocdiut the death of Or. Burdeli, h*>o you also I tavern id the room mure that lima io company willi Dr. L U1 , and if. KuWh for the |mr|mn? of ttxauuuiog uia biood , , Mil mark* in the roumt A. Yen, air. Q. In your opinion, sir, ana eurjteoo, where w/?? the hi st blow struckr A You moan my thoory, of , \ The Court?Yes, certainly, from what j ou saw in the room, Uio furniture, blood and et or> thing. A. Well, 1 | , am iaduoed tfbeiieve that lire wound on tho akonidoi or eiar ar io was ttdlicled first. i By theCourt?Where did you think that whs Inflicted I and'ender what cirrumstanerot A. I think it wh? indicted | bv a person tLtnUlng behind. Q. W here was Dr. Durdell standing* The District Aliortiey?II the Court plea-e. whilst a i Uuslual uiaii uia v alate, and it ia his modioli right toeUto 1 in what port" of the body wounds were inflicted, and in | what |<o:.ition tho forties ftood. 1 question any man stating j in w hat port of llic room Dr. Burdeli was, for tins u more , wild conjecture. The Court?Dr. Woodward went over that, del he not? t The Hint net Attorney?1 know ho did, but he went i over it and had am opportunity early In the I morning of tovli.g bow tho chairs, the furniture were die.- : ordered. Ifleudaitt'B counsel?If. Woodward stated liiat be sup- j lamed the first wouml waa indicted while Dr. liurde'd wa? j sitting on the south ride of the room. 'Itic Court?And 1 behevo they all agree that the flr;t ; wuu..d war, upou Urn tkUldMt lkdetwlaiilVo?uiii.el?You, but not wbcroit was inflicted. j 'I bo District Attorney?1lease remember it wits briamui i out on tho cross examination, and Una is the direct exuui- : tuition, r.:\d we object to any person stating as to where the I lioctor stood whoa hrr.t struck. Tlie Court?There is no ?u\ of determining tlnil, beside i the (Hjeilioo of the blood upnu the rooui, iu ihiloreut juris j ot tue room, tho furniture, ke., :Ui of which are elciiieuU j for detenruninf the means tlie persons u"od nnd their position in the rootn; and a jierrou w ho is acquainted with i the ejection of blood from Uie wounds w ould natural!,) be | the best able to detei mine where the blood was ejected, | under what rircumetaucee.aud Ilia order: so it seems to me t The District Atloruey?There certainly cannot be any i objection to that. Ttie Attorney General bakI he bad slatod his objection to | this line ot questions when Dr. Chi was examined. Ho j thmiulit it wiuilil lie as easy to Ueteriuiue pusiUoU.-, iu i going up tho etcpa. y. irom me fjiow or oivon, wiring in"ponuon nr iurniture a i luted bj T>r. I'hl?Ukiog that to be Uue, where, In your judgment as a medical maa, air, wu Dr. Burdoli wbeo (lie II rat hl)w was struck, in the e*.-u part ol I ha nicm? A. ! nhonM any he was seated at thai desk, near the door, leading cut. Q. On the (kl. i Iv hide of the room? A. I don't know whether it Li easterly or w otter!?. , 1 Q. Where tiro door wast A. Yes, sir. y. What, then. *si UlC movement ot the partiea, judg- I ln? from the wound and spots of blood A Tho natural j inference is. that tho perron struck Jumped up panto i atrtrlcrn. y What, then? A He made towards tho door; and to ' prevent him tram going out. tt>C parties who struck him j the tu st blow, w hile tare to lane, and perhaps lir. tturdelia lillle one side, inflicted the wound In the neck. y. In what letative position were the parties, judging from the blood on the wall, when this blow on the lei! sldo of the neck was struck!' The Court?He -ay* face to tar'", the Doctor a littlo one side. Witney?Tli" jhv too glvtnj the blow with his hack to the door. ?) Wan that a right or a leH handed blow? A I tl ink It w as a nrht handed blow; I judge from the spot- of bbwd on tho wall. y. And j on have examined these spots for the pnrptce of determining this quetlioii, and at our request!' A. I have. y. What do you say a." to the relative strength of Ue ptirtiur?etipi o-r Uial (here is bul oue pvrcuu engaged in i.? A Allow me to make a statement: In reference to SDots cf ; blcod, I think that thai blow in tho nock was (th en whllr ! Ur. It'.rCell'.r head jot into the corner, with bL face partly towards the corner of the room. Judge Paries?The corner up by tho door? Wilurnt?The lortiCi at the left baud code of tho door, I ! Judge ot that by the direct manner in which tho blood si.trtnd out: it wa.i so direct a? to strike the Iraino of tlie | door, which juU a little outward; that war struck Hot, j it were, by dicp- of blood. q (t(i).iu.siiig there were hut two per=oiu engaged, Pr. &>rdell and a person of e?|ual? Judg. Puvi?i finterruj?tin;!)?No, a ?ingte Cither perron. Occur id?Well, mipyoro there was but one portion to in fl'fi tliese wounds, and there la evidence on hi? armc and on hts pcrsi.n of a atout roeisUtncc on hi, part, In your judg- j leent could a perron of let* strength than liiiiieeir lots in ClUod three wounds without l*Mig himself Wounded or . sIh.w ing insi id tho encounter? A. 1 should say not. y. buppoM that otC,pcr.-ou wag a woman would the pro liabilitiei of mark.-being left ot her |>eisoa be greater orlersthtc it would be if left on the pcrnnof imul ' A. A female shews Mn more easily lluu a in i!c, that u she rhnwr tho signs ot a bruit m rc ex .ly. y. Owing to what .? that. A. The tiisues arc more delicate. y. Poctor, I aid. this medically aud uot fioin any person a! knowledge; U it not a fact thai if a lady's ajin U even moderately pressed it w ill show the luuiks next day J A. Hum the facility with which tlie ILeuo of u femulc U bnibed Hist m rntainly the In'erence. y Are not lite maiics s.> otten apparent nndcr the eyes of Indies owing to that physical fact thai IIik Done It tunre delicate? Judge Pavie*?Oh, we are wandering a lilllo, I think. The District Alto: u-y?I do not Hunk they are wander* Eg any more D"W than thej wet* When they arkod tho . prevtsun questions. < ounscilor defence?! am pcak:n; n"w m reference to the physical l'a< t oi females showing bruirea. Judte l*WVtes?You hare got thai fact already. that as to brm-es they do exhibit the mark- easily; that U lar i enough The p?;itrief Attorney?nfconme the tissue of a fema'o 11 renerally more delicate than ot a male. y In rs-f a mark had been made on the neck or any part of tiro person who committed thi act, for how long a time would it be apparent? A. A week at !ea-t. U Arc there r.nv lldinaiioti', Judging from thlx pod moilcui etuiiilnsliou. lual the pal ly ?ho inflicted these wound* was a left handed person None UuU 1 haw 3cea or read of. y Can you Judge at ail from these wound 1 tn rcferonos to Hi# r#; iti< # #!/ > and stature of the i?rtic??of i*r. Burden nnd his a .onlmil ? Judge Da vies?'There I* oue theory 00 which the question I? adujiwlble A?k at to whether this wound wit lrttirurd bv a pem n taller or shorter than If. Burdcti. C'ouurtt?^ihooKht that would be leading Tin- Ihrtiiit Attorney?You can put any leading question to If. Carnochau that jron please. y. In looking at th'? wound did you fvru any Jndgineot a# 10 the trial.?e rlre of the person?whether taller or hotter than If. llttrdcUT A. The wuuud lu the Carolli artery must have been Inflirtrd while If U irdcll wa< ' Standing y. tan yon give me any Information a to the direction of the noiindT Jix* # lf?\ic?_r?n?award* and inwar-Lt WI.110.?The inf. cnce from that 1 ? tti# dlrectl tn of the * ound b lug downward?.- that the per ou who luflict j et It was ar tall *? If. Durdell, or t? >r tl anything Q llnv# } ou rosde an ripenm.-r.t with refrrrncc 11 thla | imrtirular trial to see the kaurint of force 1 aenMTf to { 1 U..I.CI certain wteuuU' Itie M Irict Attorney?I object to that tounaei for defence?I mill |?ut it h/jmUietlritly. I T1?# Dblret Attorney?1 object to 11 uiirr cj* rtra. ntal* ' lj- or Lj pciLt ticaUy. Wit?a - It ha- to go through nriK'ci aud tendon*, and . the outer arstf up spate L very narrow there, tho upper third of Uu arm i* aiway* fleiby with an 0: Unary mift i l*r mar. Q. Have vmi had any esprrt o? - in reference to th# Ume Ilia* the tuivii of any w.wii>u auh-Unce burnrd , soiid to- surr?>|.ijl?lr in U.e r> on. ur l.w whom bowed! The Attorney lienrral?I ?tgg" t whether iua* U a qua* lion of meetieat ' kill I Judge Hnt it- Huppe'e you wcr? to p-u the e*?e of ? - ' 1 riming that article - of leath. r o uf ciuth were burned In an attic room, would the tmcii remain in th# u >u a, and ; bow long" Hie Att'f ney General?J would, it it was burned in a dr'fl 't'?X'g ens.gti W> burn anion. u,. Ill/lfff 1'At lMi Tlliit iA AMiiTni; * a II... ?l.?m ?. ?.# appeared in dihi r?- . Tbe Attorney brar'rai?Nolhirif tin appeared yet that there ?w tiny buruili* there. Connd for dotenc e?If n. IImi ? . ? 1 withdraw u?o i fwdM. Tli<' Attorney (??>r>rral?Th" q it * of ( tctrac# anil i kill In It |w ible tor n, |.. talk bora | lug laim .?n?J bow ! *( Uii' flari* rou. ,int ia the rooud In j wiwi laboratory ot drpariineiu of ware UNf I aerer i yet heard of it. Iwitew?J think thai ii. Il?i> <*.? of the tilainf I>r WtMtr, ll Bodnt, 1k? ttt n ?-* ,,<>r >.n >m rmlli<-4 by .tudgo Hh.*w. ui rel' r"iM.<? to tb? bur.wu* of It lurkman, W h'llier th' mi'll It C'HW ti >r* jwr- *d'"l ttio bttJMIng a; "I In wlml flliill! The Attorney Orneral- Tilt verv ir il mar be rltcd n ni thoi Itv. That ?M a qu Uoa if cKperiraut with a lirlnr ti*ote. 1 jweflrr, In Dm; fl>*t |4we to a-h Urn dor lot * Vtih"i he It nu e\t? it Cona-fl fur iHrfcme?That U what I harp a?k"d him. llaveyoo an\ (l|*i>iwt In reler. m to the burning of irttrkt of rlnthlM or rnannfrl'irH artielew, in n bona*, ami "l tin' IrtipUi of hma the ?m?li wtu remain in the I mm, ami Ihe i lbtltl ill b Hiwi*?t??. i h?v?, g .Soar. rir. o( article; if rlothiaj au 1 .hoc. -Uiinpt of o4 that il.irti|itlon. Witii'va I have uo etpcrluMS lb In.Mi!i.,; ' Iioea. ii w. ||, if ar irln if rlofhuv w.tre burn d ia an op?u yirrrf w attu* nt tnnlMght, t ? k you. sir. what the effect would be an to the tntHI in lio1 hou?e, ami how lone it would probably remwln* A It would ib-pind upon tho quantity of (material burned; I know thif a largo amount ?tor eawrpte, a yeri on Inutig ?"ii 1 In i'|.-Kah?a I I 'ku'tt fire and lite blanket*, ?ik h birring of woollen will p: mince an mior win"! will |?i tie *... j mi.ii through i t. . r/'Ollfi Ml" loom- aluI I''11. on lime I 7h" Court?Ilow innuy limir.' A. l/n.g rnoueh to make man a it to rh an out the rwtw t hir*y for 'orornl I ay, 11 peak "f a cUMMerahlo quant, j lw lug burned; I ?l < ?k of fn*e which came to my Mlw <if a |'<rsoa Imlng horned by the Iw-'cWhea la.Mnft Are. tbe blanket* were ? In n< <1 ii'ii-i ler'i'l> I avn'i-i ii.- . uod <li"r*ed llm ' ,1.1 fi' l " ItIV r**l' i ll'lf "I II.n I...O. ilnrlna 111.. I

ff the Intra m\ tMliaa * /a ao aturatcd with Ihr mlir Itil I bad nitdrosa wtion I writHnmi1, an I t < '..nil <1 II.J i |ntbo? ' r ' ! ; > ll'1 WMP la if bnrtx ! in tl. it raw I y iinrnin* In 1!i?' nppoao* A. Yot, ?lf y S'u|>poM lb? rl? th'i wm nt?tiral?d with blood, in i.mikti to i>?ins o . Ik" rhHlu.. f iil.l Ua\ ha?l a * di-f ting olor f A 1 do not know thil Dial wooM Ii??? m?' h InU'iroT" upon It. * y |?v tli<> Atl'>rO"jr flmmMi roforoooo to th?M? w n'?, J.CJ.V of Wi mnn> \ '*1, Hilt ynn ' h II mo * liat -I** l>otwiv<?? ll<o Ui|k mid tlio top of tho hrad U.-'J a wound < itlil itwiion drop awl an inch and a unartor ? not a Jau^iau auJ n. u'ot a vul ooa?an) part f fAY 8, 1857.?TRIPLE SB f the bo !j '' A There are woundi that art more UaUigtirUur* liiMil oUiOt'O. g. But a hero can u wan be bit ami not make a dangor[>n nod vital <> ) ?v A M ?ny people art wounded in the abdomen end on the cheat tod recover, and in certain part? "f the chest end abdomen they caun?t recover. Q. Will you U'U ino ithttt part there Is whero a wound could bo inihetcd tight inches deep and not bo daugeroos f A I <li?l not i- ?y not dangerous, because auy wound would Ik- dangerous uwro or leos, to bleed a man would bo dan[tfWIt Q, 1 wean not vital? A. On the side of (he cheat, y. Kigbtor ltf|'t A. The right aide u aafor than the lett, because the heart la on the left aide. y. And one cm go in eight Inches deep, and not prove vita!4 A A bullet may nans through the cheat, and man tiiM have a bullet in Ids heart aud live several days The Attorney General?I know tliat, but a tnau would not be likely to try it for the sake of experiment. (laughter.) y. It' he waa Rtmrk tn the back or In the stomach, would not you thluk he could not live f A. I know of aereral In dances of jitople being stabbed in the abdomen and in the chest, and living.J y. The stomach being pierced f A. I did not say ao. y This wound, von eay?the wound in the right siiouldrr? war, when ho was sitting down, you suppose? A. Tl-at is the inferciice, In con need oh with the other evidence. .tuilge navies?Assume line case: The wound at the uipplo which went through the lappol of the coat, aud through the- coat, through tne lappel of the vest and through (lie v?wt, through the shut, through tho unlerBhtrt, through the cartilage Into the bowel*?tu it not com pctcut for the Court aud Jury to be instructed as to tho amount of force necc-i ary to produce that wound* Tho District Attorn-, y?Undoubtedly: teatlinouy as to the amount of force u proper, but in reference to what force?tuat which the person possedaed who did it?that |- entirety another thin;;. Judge laviee?1 don't think gentleraeu that you disagree at all in tho proposition. The District Attorney?We do not object to evidence of Uie amount of force as force, but the amount ot force wliir.h anybody can use Is a difficult thing to determine, become the w eakest child when Inatnry, strikes harder llian when pa^aivu; and the palo student of to day, when a madiftuu. to uici iow. poescsscs astonishing vigor and force i therefore it is alw ays necessary to consider w ho | the 1*1 ty I- aud In what st.deof mind. Counsel for defence?Wc do not mean to Interpose th* ploa of insinity in thb car, nud therefore the Idea of roadman may he left cut. Judge 10.vies, (to counsel)?Take tho ca .c I gave you. Q. How is it us to lite resisuiKo of wooiloucioiUn-. to auy in-tniraent. In inflicting a wound ? Jedgr Paries, (to Couth el)?Yoti Lid better put the ca?e ] a.; the Court luted it. CiMin.-e!?1 want to know thi3 Tact first. "Witness?Uie resistance i3 very considerable. <J. Have you actually trh?<l the experiment no as to make it h matter t-f fact,and not or opinion? A J have; 1 have Ikvu itli my lift- try !ng experiments of kind. Judge Da vies, (to witacj.-)?tutc the dlffcroaco between a wound on the nttke-i body cud one thai lutd to go taiuugu clothing. Witne.-3?It i-i very considerable. Judge ravie ?What degree Wituee??May I stale one experiment? Judge lUties?Certainly, .-.tatc the taut. WiUitv.?A wound was inflicted by a dagger oa a cadaver Q. Hove j ou the dagger* A. I hare. (Making a movement to produce it.) The I'.-c v t Alton ey ?I object to every noiut of tliU. Conn.;. I ; >< defence?I dc--;rc to show that it a fair exjHeriu.eht. The Dblrirt Attorney?I liav? do doubt that it was f.tir. Every tliirg the Ikwtor doe* i? frtr. Judge Dut ies (to touiuel)?Put tt in the fbrm I first elated to > on. it What, then. 1' Die difference between a naked body &i u a body w nit viotiioig, anil w hat kiud of clothing.' Witness?I was going to state the dittlculty by an experiment w Licit I made y e- terday. With a body placed in the fitting (av tare,naked, in making a wound b.tmlar to this oi-.e behind the clavicle, on the shoulder, tho dagger entered w ith a fa:r amount of force w about a great deal of difficulty; the di-*eetn.g coat ua? then put on the cadaver, Just as in hie it roieht be? Judge Davles (Interrupting)?A woollen coal? Wlines.-?A woollen coat ; ono of our imiilmle put a di<eecung coat on, and then the name t troko was ma-le and " ? ??' io l lil,An..)i Alt., fnr. a u u r.m jtH/irnhlir grcB*--T; it did nut penetrate evejH very superficially; that is uu experiment which I saw; it was tlone under my guncrvnsun by my a.-i-tauU. Q Whore w..- experiment performed? Jn bra Davioe?It to not material. Q. vou kiw the body there ul you saw the wound in the kit annr A. i did. (j. \\ a* that wound probed in your presence and at your request" A. t>r. Uhl |?rot>ed the wound. Q. TxVh g it to bo true that this a.mud did traiisflx the arm and po betvt eon the bone?, what amount of force would be nece3*ary to inflict that wound? A. 1 think that wound r quired a very great degree of (broe. y. I"o you regald that an the wound which required the moot force of any that you n*w on that body? 1 wish you ? state what it had to go through, an 1 if aiy experiment su made in regard to that. Judge Pavtee?Lrt him answer the question yon fir.-t put, whether it would requite more force to produce that ?mnd llian any of the other*? WII new?1 thiuk rayti If that that wound required more force than any of thoothera; 1 will state an cxpei iment 1 performed on thai Judge IXivirj?It is not net"-.*. ary. Counsel?We dealro Brat to know wh it the instrument Inn. to go through, iu order Hal there may be no mistake about it Witness?1 am rot aware of the direi tiou of the wound, w bother it went through the Intern genua space. Counsel?Vea, that h. the direction of it And a persoo standing be hind cwibl not strike Ilia' Mow wttii the left baud? A I did not ay that; I m-an to soy Hat uiy inferrixe was that it w.n< done with the right arm Q Why ? A. Rrom the connection of the whole affair, fioiu nytbiory, taking one part with another; at I told > on, I believe thai the nalura: Impulse of a man struck sitting ts to go to the door; the impute of the party ?trik lr.g would be to intercept htm. tf. hippose they follow htm? A. Thit is not the way to intercept hitn. Q. W bat tf they did ? A. There would md be time to sli ike the blows. Q. A .-tuning he had Umr sonld a blow be struck with the left hand? A. Not so welt k* with the other. Q Wha' t? the laftn nrr' A TluU Ibero was a struggle V I to know what pi events hhn from hitting'' A. Tin- inference i* that a perm attacking will strike tho most cfllcicnt blow. V- Tim bi >w on the lefT, hc-o?could not that be struck w ith thu lt d ltaud in fraud or behind'. A. Tlie blow could not be .truck lust as well the loft hand, according to my theory of the position In which Dr Burdell was when I.!i i* .A. n . nipt n ittv tlirivv rvf thfkt Ittnin* It th.\t h > a-nt turned, looking pmlly lunar'* the window V W hr ( in,Til mil llm bio* bo Indicted with the left bund? A Bee tunc there wat not r>?>tn between thy w?u of the rtwm and hiiu to give ?trn a blow. y. Wnnl/1 not hu bund faa'c been clear if h" had taenia fx out? A. No, air. I will etflain to rou what I wrmnn tf you ?ill Kite Mliw diagram [be Isxior her* took tlx <Iim grata and illustrated to the court ao?t Jury how ihut, from hi < theory of the itrugglt which probably euatic I lx? Ui'cu It' U'irdcl! and hi a-ralhnt, U would hive b?'en ImpoxMhlc for (lit.- blow i>lu?\< hot u given with lbs loft band I, the h<'ad wm turned a tittle toward* the window ami the f?< ? toward* lh? door. y. May the MUrking party not have gone out without boing ere* or tombed ron?;deilng the position of fir. I BuriU'll, the usannrr of tie ax?inlt, the binod Maine A. You ftakner to mm h n your <|oc?tion. tf. (tnppraM thr e blew were given while he was retiring. might not the-e blow* he given w llkntt tb? |? e on being attio ked by I* A. I raid be wa; dnubtk.? inralyat <1 w s cn he gut the Arel blow . y. VFmM net that nWfl Dm ? . .-ill from a ?e, 4f rtnigglt? A. li there it a struggle It wn? in gelling to the draw. V Ye* 'ptaV o( th* burning of woollen rtothe??what would be the eP.rt of the burning of article- p*eo- by pt<v? In a grate in which uDlb .c .to coal was buriuxig? A. I gave yon n.y knowieuge aa far at it went. Q. Would the. u be any ttaror in the room? A I know how alarm* are frequently given by a jAece of woollen burning in the borne Q Any where- A. Ye'.air. V A* far a* your qiinioii gone the whole room ro ,M bo perfumed' ,t. Yea, sir. y ? hat la a wronger ainell than the m of burning naif A Woollen feather*, hair. Arc. Burning wonilen U atrnbgrr than gar. y I on never ti led burning woollen ia the Unr I atory of this bonding* A. No, air. y. Yon do not ktow that tliere would be any odor in tlie ror-mt A. >'n, Mr y Von hare made no examination at this body4 A. Except looking at It. y. Not mc-iH .illy? A. No, atr. The Cnurl-?Thai la all, air, ftlep a-i le. Call your next wtlne*a, gentlemen TKfTlMONV Of PH. WALTER B. ItOM'.RT*. ?y Where do you re?idr? A At Mi Hoiid -dreeI. y. I low loog have yon been tlicttf A About three year*. y How loop have you been acquainted wllh Or. Bir- ! dell* A 1 pot acquainted with liim *1 the umo I moT-d J into M IVmii ?lreot. y. How lon? hare yon heen acquainted with Hr?. Bur I dellf A. II will he two years in Aur d. Tbe Court?Wilhwit any reference to i < m e, wo wi?h ; Hi if*"! would i jthtr nsa the name Mi Cinnlairham i or Mr*. Bur tell, <o w 1 r i7 no* bo troub I to write dlA' [ rcnl nanv? in oui Journal Conned tor the defcnee?We will agree to mil her iho J detendnnt. y Wlt?re did you become acquainted Willi her, and ua i drr *Imt' in iirn-iHO<<- A. 1 *?* Introduced to ber at . G?icigrr. Hall by If. BurdcIL g. Wbcaf A li ?mi ye?r ago hat Augmt, between lb- lllli and 21ft of lli? month?i e , in 1V..V 0 Hare yon -inee that time had intimate business re la bona with vr. Burdell? A. 1 hare, sir, y Ip to what timet A. l p t? bu death; on the day i before I saw liitn. y. Were you frequently at lih house Aiitl office* A. | V(W, Mr. y Were you there the Sunday prior to hi-i Isatli* A.I tliluk I wa? y. I wleli you would ftale if you recollect the elreom- | itenres that "day whether you aaw liiui bring lo bh pbo logrardtV A. 1 think 1 paw Ultn at that lime. y Well, what did he do? A. He ?liowed a daguerreo j Irpe he had Ju?t had taken. g WW nmin we* that In? A. In the parlor, I Ihlnjr y. What nen>bera of the family were pr^ierit? A. I jwild no* rrCollert all of them, Mr? Cunningham, I Uduk, tod the youna Rutins, Mr. Molf ram might have beeu here. Q. What were the relation* between Dr. Bnrdell and 1r f ndan' oh far aa you obaerred thomf The I Midrlet Attorney?We object to that qti notion onIrely, becauwe ItI* calling fbr tho ennrhc ton* of the wit g. What did bo do? A lie showed his daguerreotype u,d n?kcd them If it looked liko him. Q. Wliat ei<o did bo dof A. I doa't recollect any other trcnm*t*noe g. Wan be in tbr room when you went there* A. Re raa. . Q. Ptd you obuerre that he anted different than nanaV The Ixeir-.1 Attorney objected, saying he bad reaaoaa or conforming aUicUy to legal Umttn. [EST. The Court?Vow you may ask bin about other times, and then we will ace about (Lis question. 1 Q. For three mouths before his death were yon In the ( habit of being there frequently? A. I have have boon la the habit of polrjr into tho houre and having barincw re UUcox frequently calling ine to bis room and he to mine. Q- Have you frequently within the past year seen Dr. c- a ' deu'udant together ? A. I Lore. Q. State under tt hat circumstances. District Attorney?Wo object to tho question. Counsel for d?fenc j?Theprosecution oceun??.l three day! In giving such evldenc*. Court 1 think VOU can fLet In ft,In ?r...(L.p m> In hrlncr the question in a'legal lorrn - " ! Q. What did yon nhjerro tn th.Hr vendue* towards each other? A. I observed a very friendly Pl-trirt Attorney?We object Court?State merely nu act, a speech, 0' a lodk. Pistri. t Attorney?I object to a look, air. Q. IHd you obaerve Uieiu going to any place of amusement together ? IXtrtct Attorney?I object to that, as 1t 1? rro?H{ leading. A T fhw them go out frequently together from tho b"iise; I snw them in the street* frequently to?elher. <} Hov? .lid lliey walk lu the ?lr??H.. A. 1 boiieve sha most generally took hold of his arm?always when I saw tliem in the street together. Court?What else? A. 1 Raw them go to Saratoga Springs Ia.:t July. Q. I>lo you go with them? A. I did, sir. Court?Now anything you observed on the way or while there? A. l>o you waut particular.? Court?Ve- , particular-, and not your conclusions drawn from those particulars. Witness?Whoa 1 tlrat paw thorn on that occasion I mot tire in on board the bout together; lliey went down to supper together <} Where did Pr. Burdell stop at Saratoga' A. Dr.FVirdell went .to Congress Flail; Mrs. Cuunlnghain got Into a car- ' rl.igoaud w ent to where-bcr daughter was boarding and strmpnl there till I left; T ruturnud on Monday uflenioon. Q. between Friday w heu you went there, an.l Mouday when you left, dtd yen see them together? A. They took a ride out to the lake together. Q Which .laughter went next w'.th them? A. Tho daughter Augusta Couit?tieutlen.eo, we wilt nowfltke a recess toft o'clock to- morrow. Mr Clinton?For the mmc reasons that the Pt strict Attorney a.-kf .1 that tho adjournment should last night take place UIL10 o'clock to-day? Court?'The circumstances were pcculu (hen. Mr. Ci.ulou?Ihey are pecL-ely tho nau.f now. Mr. CliLtou, though the Court was tpttkn-c' nt the same lime, cocUuned arguing for au adjournment till 10 o'clock. ! iiieCouit attempted to stop biin, and complalued of the ! counsel objecting to the rule which they had agreed upon. ! Mr Clinton continued. I Court?Pr. Itnbert?,take the stand; we will go on then tonight, tr the counsel ohiects to mj ruang. th* counsel j for tho detencc proceed. I Counsel for defence?I waa hourly? | Court?'. iowed. sir. lhe Attorney t.eneral said he war nuabta to sit go bug, aii't won lu nave u> up err'.sen u in.- c.v? went on. Ciiiiuiel for defence?I cciUiluly uu'leritOKl that the adjournment was to lako place till 10 o'clock; ro I lrnve 3ubpo-nacd all my witucsse:! lor 10 o'clock to morrow. The Court sold that changed the thing, though tho Jury hah to be kept together, ami it was hi* (liar togotaloog with the case na fact a* po?fible. After fcotno further con?ultallon, the Oirt.atSI*. M., adjourned till 0 o'clock to morrow morning, counsel and Court agreeing or expressing their do: ire axl conviction that the ti e would be closed this week. AditilitUlrnUoii of Ju?tU? In Uie tiutcd ! Males. [fYom the i'aris (Jou-ututionreL) Every Frenchman who has vi?itcd foreign countries raue* admit there is none wlwr* property, ! character ana life are bo efficiently protected as in J France. Every attempt to injure,.to defame or annoy even tho most ebocure person is hero promptly | punished, and Mich in the force of publio opinion i that when a wrong is done or an insult offered in ; public, it its frequently difficult to prevent bysUu tens , from taking part with the injnrea party, very iftcn in toe warm and zealous a manner. Yet, notwithstanding the certainty and obvbus- ! new of these facto, persons who hare no expertMM knowlcxe of Uie administration ol juallce I in England and America are often heard to prase { the system in u-o among these nation-. In order to i illustrate the merit of this judgment, we propowto ! extract from our foreign files two cases which <eser?e some reflection. The first relates to the proceedings had in tip United States courts on the demand of the Frenct government for the extradition of the thleres wtn stole monks from the Northern Riilroad. The per* suns a ho figure in this extraordinary scene are ? M. do Mouuiolon, Consul tleueral of France; M. Betts, Commissioner; M. klcKeon, [Distriot] At- [ torney; H. Joachlmssen, his asm >unt; M. TUlou, counsel for the French government; and M. Bustecd. one of the prisoner's counsel. [KVihu tb.< Nk* York Unuu), lob. 27.] Mr. Jow-iiinuea asked M. de M uitliolou whoilu-r on the , return or I line japer? irom tv asniu^toc tucy w?.re accompanied by any dorpatrh? A. Ye?. Q. (shewing the v\ ituco* a pai-er ) is this the de?patch? On ihlfc qucctiou being put Mr. Duaicet! asked permit, i (ion to look at tho paper, winch win a neon.' to lilm, an t be then objected to its being Introduced iu evidence. The O tiur.i. . inwr in -n nlcsl tin- ol.j-s-l.-.ti Tin- pv-T , was then banded bat k to M. do Montholcn to lo?k at; ou look- ; j Ing at it he said it ?j . M i Un? letter that aut-oiuikuiiisl the t ' na|wrH returned from Waabingtoa. Mr. M. wan then i ! handing Ute pa|>cr to Mr. .loot n, when Mr. Bu?tccd J took It Mr. Joachlmwen Immediately ela'mcd its return. Mr. Bu. toi d held II up in bia baud and laid, "I ant going to keeplbi*." Ho then pot it In hi* root pocket. Mr. Ttllou, a? counsel of the fr-ml. govt ruuK-nt, <le- | Banded the return of M. <te Montholoe'a (taper. II bad nothing to do with tbo case, and had been produced In i perfect good faith Sir Bugtccd rc!b cd to give it op. IP" believed that it J bad been produced in eery bad faith. The Comnib-ionrr asked Mr. Du tec.l to giro up the 1 ' I*por. Mr. fbKteed again (weltirely refooed. Mr. Jatrh m^rn, A?-i tont Pirtrtrt Attorney, asked if they were obliged to fit there and aubnnt to Uiu pipers of 1 the pro- ecutiuo being stolen. Mr DuAtnl, walking quickly up to Mr. Joacbtiaaaen, asked, "lk? >ull m.-RU lUat lo apply l? met" Sir. .'.-aclum en?1 mean atol.n. I don't know la win-, e posse- Inn It Is. Mr. He teed maintained that no one had a right to Interfere with him In Itla holding pofu e??|on of the paper for the preeeiit. llu- foninti--!oi.< r?I hare a right to determine thut the paper lathe private property of th? witterIt does not belong to thtc care, and it should be delivered up to him. Sir. II-tsteed? And I t are a rltfht tnrefnrc. The I-i-trkt Attorney asked for an liuue-.ti.ito adjournment, In order that the Cornmi. ?toner might r-'(>re?eut Ute i Cava to the- Judge. Mr. H i tccsl g.d that |ia|>er an a private gentleman, and not m rouaaci in the At a gentleman, ho should return it. Mr P-. * i I i. ' . I Tho It-Ira t Attorney said Hut Prance romc < Into thU Court unili r the roll ntu comport of the treaty Itettreen na 1 U'H?. and under ti e authority of the l*rV-htent of the I'Wi I Male*, ami I claim that that government, aad the witno?ii? ti c stand, ara <t tit!"-' to all tho tight a-'d prt j V Urges of any cttixen, or of nr.v high ofh lal of the I'uited Mates, tt dig prwerution ol Uti* di .nand tin ler the treaty hotwo n the two natlen*. All this lime Mr J. B Kogart." " v? di< lating the letter to : a gentl. man w ho wa looking a ct>| y of it. Itie in-trtct Alt-'nee ca'led the attention of the Commit- | abater to ||. fat I. The Oo-nr?ii--t??n'r euld ho lia-l noticed !l from Uio bo- ' giniing. but b" t? .! pourerle!*" tr? the in'Ucr. Mr. tiltou-Ibi.-. is a inert tAUaofdin.* jr ami no.'el proi CC' !ir.|t. ('counter .oner Ml'?Tlil* ahotv tho Inrnnrrtiletirr of ; *ii b | rocin'.in- i before a (Vmuni-rtnocr, who baa ml Um i power of a fXmrt. Mr. bnii'ti, iM Awuaxiit Mor^i It M !* Mni thokm, an one of tlio archive! of hi? oilk , and bo d< nteixio it. ]:.< you Make any rcpli-? Mr. H'udrcd?No, Mr, and If ) i drmm I tlio p*p?r I rrTuao to (rivo tt tip. Cm tlio |>oiiil of po. t|?Hicm<ut I wl U to l>? heard. Here the PWiirl Attorney. followed by Mr. Morrogh, another conn >1 for the pniwruIN, rame over to tho table whero tbo . rmiwel for the defence werear-alod, wbereu|?.Q Mr. I oyaity trade tho <1.*nm. nl up and p it It In hU p.? act, r? marking that probnblr It ?** tho "ecarlet letter," wh.rb tl o pub tic were ?o long looking for. Mr. Totnisbciid r?o? to n point of order, and a.-ked lh? C. mmue loner to reqneet the counsel fur tbo pro .-rntion to or. upy U>r ir o? u acala. Ibf Idrtrlcl AMornaT?If tlio CotDniisol.oior earned cornevand obedience and compel the co<tn?o| for tbo defence to tiro op tbat dornmenl, I will, at all rrrtit?, preecnt them frrm ropy biff It. The (k Binii. doner ml I?If I hare no power to compel Mr. Buntee.! tr give up a paper Hint belong* to tho Consul Or noral of France, I have no power k a*k tlio Uelrfct Attorney and tho n?her counsel aarodatod with him to or*uyy any particular ?eot Ml Ihieh or! re-mined hU opprv lllou to tho prrtponement, during Mr Fugarty writ aa*in .11. Utiog tho docu mem to an MnannrusU. when Mr Morrogh interfered and ; rallr?l llie attention of the t'ommUdooer to the fact. Critnml. doner Heur?A' 1 cannot maintain order her* I will adjourn tl.ii cam- rntil tomorrow, at 12a'clnrk, that I may "letarmine wlut power* I hate under the circum kUnrer. Mr Bnrdeed?Will you adjourn wtlhrnt hearing met The Com mi* iooor-* Yea, I hare n? decided, and a? I rannot malutaiu order, I adjourn Ibis court until 12 o'clock tomorrow. Mr. Buteed- Will your Itonor take pode'nton of thla pn|-<e at..I pronu.-e that It will be produced here to morrow f Tlte inmmi t><?irr ocfiinni. Mr Hut tecl?Then we will keep It Mr. Tnwnchr nd. on behalf of hi* ciicnle, n-k?M thai I be pr?W1lr,T should ornithine; they were pre- oil in obe dlnice t<? hi.< Upn? r'i order, and they demanded U> bo beard or discharged. Mr. Fogarty on behalf of Mi client, made th* aame moth n, and tori dod on the can mi nation being proceeded with. Pie fomniiwloner ndtl he would adjourn for the pur pone of ascertaining bb pow er In such a care a? here prevents lb elf, and If lie baa Uie power to pantah for di-ntx-d). nr. he woiW do ?o. Mr Iturterd? Timr Honor will understand me aa not deriving yaur authority The (Vtmmiwlnner?I dlatinctlr aav you did Von took I a private paper belonging to a witness, and I rcfiwol to obey the order that I made Ihr lla return. Mr Fngnrty hoped the Ounmlaeloner ha-l noted down the defendant's demand to he heard, Ida refusal and their eaception TV Commissioner naaented. Tlte lieu let Attorney?IWit where Is that paper?counsel are not taking poaaecdno of II f I Mr Bueteed frWng)?1 hare It In my pocket, and will keep It until I h tro It copied. Tlte Is-irtct Atlomey?I will direct your sUentiou In the I race of the People es (Vail, charged with tak'ng a note I Mr Ho at red (leaving court)?I know the oaao t The matter wwj then adjourned to U o'clock thi^ (Frl | day) morning. I Tfce second extract refers to the murder or t rhtli twelve years old, which eras oontoitted la Jersey to open day liAht, ia presence *f several fey m band oI children, among whom were tiro of seventeen yearn of age. This abominable --i-rlmhna. DMiwtmted no the now of a blind man In >u? a! scted M gutee, (anted long enough for one of the murderers, who wag wounded In the hand, to return borne end get a pair of gloves:? The testimony showed, laid the Independent, of Jersey, Uia? several men and women wore present at Una ^ ing spectacle, and let the blind mao'n son be killed without going to hl< aid. One Charles Brcjuot, on being repiouched by the judge wiili not having gone to the aodatance of the murdered child, excused himself by saying Ural he war twenty yards distant and that there wu'a y ouuk and strong man near the combaUnU. In Jersey the custom of taking ball for orery oflbam end the small amount of bail exacted, enables e prisoner to make bin caio last forever. This engenders ao lamemo number of earned, aud is the leprosy of the country. It tills all air Is prosecuted like so uuuiy others the oar- ' derors will enjoy impunity. We have spared the reader the interminable interogatory to which M. ??o Montholoo was subjected. In reference to the date of his appointment and the oolor of the wax with which his oommlssioa was sealed. The whole in an extradition case against thieves foutd with the stolen goods in their posses a ton. What sort of justice can that be, which allows the color of the wax on a public despatch exercise influence on the value of the evidence of ujt> party 10 wnom n was oaaresaea, wnen as m summoned before the c>urt<it We simply inquire what guarantee* can exist for private property. State secrets, government despatches, when a lawyer, in open court, ?ao "steal"?this is the word used by a public functionary-?papers which have an connection with the lawsuit? What can be expected of ooorts in which a lawyer laughs u> the taoe of the public persecutor who eails him a thief? And, lastly, we ask, what can be the powers of a judge who is ao powerless in his own court that he cannot prevent a robbery, and can only raise a fee-tie voice te denounce it ? Persons deeply attached to matters of form, and imbued with a sense of their importance may pua-ably be disposed to esteem all these facta, on grounds of their own, in the general interests of justice. But it rr.ust be remembered tnat in the very country whcie the Northern Railway robbers have been tried, a dozen people often gather together, condemn a msn to be hanged, and hang him themselves; men force open prison doors, seize men pronounced inncctnt by the coa.ts, and tear them in pieces; men tight ant shoot each other daily, even in the halls of Congress, and the only notice taken of such fruoas is a laugh at the poor devil who got the worst of it. It was not, tbeu, an exaggerated respect for forma and laws which governed the examination of U. de Mouth*don, and the theft of the private dsspatohea: it waa on the contrary a general and thorougly optical contempt for equity, justice and honor. We should not allude to the child murder ia Jersey, were It a common case. Human passion exists In Jersey as fl-ewhrre, and every people cantatas a populace. The striking point of the Jersey case was its publicity; the people stood by, unmoved, watching the death struggles of the children aa though thoy had been cocks or bull dogs; and it waa actually some passers by who were called to rescue the wounded chil l from Lim.who dealt him the fatal blow. Equally striking it ia to note that under the much vaunted and little known English laws aa assassin may for a few dollars evade the penalty of his crime There was a time, lorg, long ago, when the laws and usages of France were as barb rous as these lien's limbs were valued at a regular tarifi rate; it cost so much to break an arm, so much a rib, ao much to kill ontrlgbt. Things are not managed precisely thus in England, but law is ao expensive that unless a prosecutor have time and money to waste, impunity is ths rule, and conviction the exception. The Jersey paper which wo have quoted gives, with name, date and piece, a list of some ten or twelve robberies or murders whioo, after having excited pubHe sentiment, bare all been forgotten, aa the murder of the blind man's son will probably be. Such tbinga could not happen In France. No sooner has a robbery or murder been committed here than Incti.-r follow* the track of the criminal with admirable zeal, huueaty and vehemence. Be tbc BuCerer poor or rich the interest token b the same. For France is eminently the moat social and moral country In the world. In no other oountry Is there so high s sentiment sf justice, honesty end rectitude- No deputy who sells Us vote, no candidate who bu}ts Lb pout, no judge who sells Justloa vim Id ever l? sustained here. The murder of n child, In public and unpunished, would cause a riot lu re, which no govMMt could withstand. Let us net envv then the laws of other countries. None of them afford such guarantees for proteetioa injustice uud violence as our own. Hupmr e nations which rapport and respect the la war These *re the true civilized natioos, for the largest part of civilization Im try Mibiui**iiUi to du:>. A. (?K A NIKS PR CA'SAOKAP, Ihpoty In the Corps JegislcMf. Ttir Krw Poller Cmnmlulon, THK CONFLICT OK TUB TWO SOAU1M?TIIK COKRSftrONl'KNCK WITH J1 DOK WH1TIKO?RIS FROR4SI.B IKFFfit TO SFKYK AS BUfKRINTKMirVr?TI1R WWW HO IKK M.M-l.rK ,Kl??KBITS A L or COMFTKOI LHB tl.AOf) TO PAY KXPRNBJCR- TTIR FKOfFRUT FOB TWO isi>i:pcxmorr syhtrks?two urtr or htatiow HOfSKS?roSITIOM OK THE OLD BOARD?lit ASORABLK RKQCK8T OF MAYOR WOOD, ETC. Ai.oC.rr meeting (the third) of the membors of the Board wav held at 10 A. M. ye*tar?Uy, at the District Attorney's (1 Oahcy 11*11) S0CS. Ureal Inconvenience has bevn experienced by the w? hers through the w*nt of a rrgnlsr Wlk-e for transacting their busier**; and tlio throng of applnantii and t lcrni|tUoii* have proved tun much lor the ho.pltalily o< tha Dl.tilct AUoiuey and hi; clerks. The only bti.?lDe?* which the Board fell itself calHl upow tu provide f?T al *hls rilling, was to apj>?Hnl the ehiUrmsw, Mr. Draper, and Mr. Hnuialiau, a roaimittre for *ele?tiag a t illable place of btuinera fur the Hoard. No MMBUnslralloti having been recetred from Jade* WIvLug, (be Uwil sojourned,to meet today at 10 o'cloofc. Although the com rpoudcitrc between Judge Wlming and the (.?mm!*'i nor* b\< not l??on made known, ye* iw Mib-tnnro U very currently rutnnrrd. It l< rtatod that tha a pi-oiutment wa* not ottered to bin If the Board without acme pro* km* nndor lauding in tbe frernUoa between U>? Judge and at lrnet eotnc of tbo (btnmt-vdoocrt. Ted unco the progenia of tbe trjrat proceedings, it would now e|>l?ar tint tbe acceptance of Judge Whiting of tbe office of fkirertntendeut L< rot anUrtpetwd. It l< mnKkntiy a-?ertC'l that he fc,L' alriadg declined tlie office, and the Con nu.vh?< ra th'-m.-elvea do not hedlato to Intimate that they Mwrl an unfavorable anrwer, It t? \ erjr ol>\tons that tbe Board is somewhat nm plowed, and that the) nr<- likely to be kert ao for nwhlle They have bo \*f p. ib'n of tbe itaboo bowes or the otbor aty property. Even upon a mandamus In thlt connection they rantrtS hate a kcwiiiil iu tbe Court of Appeal* e?wf than June. Comptroller Hagf ban derided that nntd the entire horlwn I- well cleared from llbgaltoo. he wfl p<ey no money* for potto# aei Tlee, esnrpt the mere launfcd1*1 roBtingcnne . of tbo Chirr* office. The par of the idltcrrH ami men In tbo deportment will thna probably V* au*pi nded, and may not be payable onul tail. Tlia real source ef tbe bertt.vlon of Judge Whiting Wt an cept outright I he office of Superintendent. Is conjectured to be a i el letAiico to enter the arena of this dnblou? atrtfb h?twean tbe manbipal and the Slate rommb lttwr* Tbe tefu-al of Mr Mauell to accept the miperiniendenoy U Low under tood to be based upon the name ground* an the hctltarcy of Judge Wblllng; Mr loin raMnf lhathenould net, by anr movement, have tbe appewr Mtr.o of inking sides wl h either one of the "blfh contenting parties ' is U c prcirl-es. It thus app,ai* thai tin* new hoard U decide,liv SmItill Hit )?L TUy Un DO hold ad the mnhlpal mnrbiiery; neither po**es*ion of station Itouee* oor command or cootnn In the departm-nt, nor a* account opened or reeogttitted at the Oompwller'i. An Idea prevails that they *111 go to work anew,and w- . tnblieh an entirely original police ystem, htiiH new ataUoa 1 bouci *, appoint fresh oflvcr*, Ac., and leave the old w- _ fanlm'ion high and dry, to lake rare of itnelf and It* rw- 1 pott tbtlttle*. Their original authority to organise a franh m?bk t|w) police Mttrm la asserted, wlilMt the e<piaJ anIliotUy fbr a dlTerent and coeshtant ?r*tem to be main latent by the ctty government. Is abo oreoumed. Tbo matter thus li> growing *ery pfctarengue, aid otwtMi the Ocnunlaatonrra to such b'i*y consultation privately, with legal and political geldntinew, that their tim? M ftry little at their di?pn?al for anything else. Qiiite a mob of applicant*, it wmt, porawcw this tirw fountain of rippe ed patronage. The (>>mmke? loners, at their homer, their placaa af business and In the streets, are beset with the mrm.2 of office b"?tars ami their "Influential" frleuda. t* lift all tin term lit is to?cre. 'eg in !h? vl""Uf ?f tlie new Com mi >|onerr, It would seem that under the etd board matter* go on pretty mnrh In the n-nsl ruts, and M llie quietr t manner pcrtble Two material IntTrnfthmt hare hnwrver, manlfetted tin n* elvev_the refttral of the Illy Comptroller to pay owl any further dlshnrseiMM*, (mniii< i| al fontii..:em lea eteeptml,) for the Police f>*part mrnt beyond tlie current soma low ?t , and tlie pranUoal nereeslly whli ilevolvea u|?m the old Police Ooinml dia ai suspend lt? action npou complaints, appllratlona, to, The Mayor I" understood U> have rery reasonably mtotorst privately of the member* of the new hoard, that Ihoy alio should suspend proceedings In relation to the dnajIp of the deisirtineut until the Ntlgatioa now progru 'tog lionl.t he at >o<ud Ma) or IV.sal specially indicated tfea ?tpe. H-ney of retaining Mataell In the suporvMon of tha [ oltea |k>|wrUmnl until a ilrflmte result shall hare feoea 'sachad. t'nNrsI *(?!' ? lliriill tVinit. Before Hon. Judge Nelson. rftwAi.TT ron cohtiiipt or cocrt. Mat 6 ? Wis R .ffelrln rs Aupvapo Rfirrrj*s _"n?a g*. ^ rend'ini in'this ease la rhargod with violating an ityueeatoa >f Uits Court, restraining him from infringing the paAeisI af he ptaintifT, by rontlnnlng to ase the Htcklea cut eg ?a ward 111' (earner M'dropoli" Tli<> Court ordered that the lefeixlaot Kturgsa pa* a Una of glM, to retmburae the [dalniiff the cosu of this proceeding and stand n iiuatosl until the aald toe Is paid.