Newspaper of The New York Herald, May 9, 1857, Page 2

Newspaper of The New York Herald dated May 9, 1857 Page 2
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* TE 1919 STREET MURDER. Mri * Mr* rnmm iapM Omaiagttm, ?Bu 1MB, ftr * lirter tf Or- Emy BvUL THE DEFENCE. OPINIONS AS TO THE CASE. TME EVDEKCE ON BOTH SIDES CLOSED. lfc? Straw iN Pecmliar Mar SatteUeUrtlv iccHitei Ptr. is. cmnroiGHAx a rheumatic. Mt* Danghteri, Son, and Snodgraa on the Stand. Hot ireBlaltdcll tad that Brstcrioni Iitilid? A CUlfl IF WITNESSES FOR THE DEFENCE. MtaMBjr * Dr. Hotorti, Dr. OMUn iM Dr. MD, Hrler, AaywU umI Be?t'w ?|??m< V nng Iretgi?, BrrWk WmwIj, Biwu4 Plu r? pent, Hw ter Vu New, Bterfe I low I ett, ftnmi*o NmIIIv, Mr*. Dentib, Ihfbert W. Tn>4weD, Umltto Ely, Juhn Smith and Heary 8. Smith. RBVBBO TI *IT TO T8B PRE MI SOB iiiii close or the case to-oat, Aa, Ac., Ac. Court of Oyer and TrrmlMV. BtAm Hon. Judge Danes. tivTB DAY'S rmicbKbiNos. Friday, May 8,1857. 90s Judge, jury, counsel and parties were aD Id Wtmi the laornlng at nine o'clock, the hoar to which Oh adjournment last night took plate. The crowd SB the staircase and landings and around the predhdi of 'he hsliding use larger than on any pre Ow day #f the trial, and the ooort ruoms, of course, Sate as closely packtd at poesirde. Mia. Goamngham was early in court, attended by hevtwo dughters and the two yoong hoyt, her sons. mm wtserMesti} to toe very mm oi spirits, ami km wa? butone opto on amoag oil classes oa to the am ?a^t mi h) the proeecattoa. People wont to teev phj tli Disbict Attorney did not prodooe Dr. hdadeil, wife.was understood to be m important a ?Hoe-a_Lauti?o arly in reference to Dr. Baideli baring w yo^ivc o large sum o? money the night of the murder: arfl also why lie did not prodooe toot tewahd s^tflism be spoke, who from an opposite win Ami to Bond itreet was supposed ta have seen some Mag transpiie in the fatal room, which would go for jpOasr np the mystery, b tfr. Frederick Fredericks, fmsilimiipiy. the in valid thus alluded to in Mr . MPs epeo|ng? I? so it does not appear that he maaaa igrai^d at all; and the amount of his teed amay id* that wh'le sit ing at hb dressing table he * Mhmrved'.a glancing light like that which would Warns AiaaTa polished rocking chair, proceeding tam sad tw? houses opposite; hat he had ' aat evea' the?rari<MUy to took oat of hb window to aasHlstn what the light was or whence it proceeded. Vn Irtfvma^and other intelligent watchers of the earn thbk^bat the defense was indiscreet ia opening ktk side od-alh aad in not letting the matter go to Aa the jury ?hcn the prosecution close<L Mrs. Ouu | atigha? says Of it herself, that there is not evidence asngh against her to convict her of petty larceny. Bat Coanssi, - learned in the law, will be ambi mas of showing off and m iking opening and closing mwniiiki i and all that. Besides, io this case, they I mmy be animated by the very proper mo tire 01 I mad emij ibQaWng their cheat bnt of omlea waring to "remove a Urge share of the pWbbc odlam which now attache* to hor. Shertforp, we cannot any that they are n H per Matty jmtitkd in de moping the foil meaacre ot the defence. It would save mnch time, bowcrcr, V toe Jury t-hould interfere and express themselves Med with the strength of the defence. They Met* have visited the promises, but they this riming think it would be no mnch time waited, an May haje an securVe ideaof .he various localities. II was subsequently agreed, however, that they Mob Id visit the house this evening or to-morrow piu RCiun-.T'f -wnwovY ? ovnwugn. umv-'Onnrir vrrw>?rut x*j.vu.*.?i cisrn--- >nc ?m* wkih i<xx. Dr. Wnl or H. Robert* recalled and examined far Mo defence ? ounetl foe defence-We were speaking last nigh' ad the relations that exWted between Dr. Burdell rind the defend*nt, have yon seen then at otbei fMs?s than at the house 31 Bond street, and the Mar ptnees which you named yee'cday? A. I be Save I have seen them together at No. 2 Bond street am two or thr?e eoeastooa. Jwdge Dories?When? A. A year ago 1*M winter; I won Id state that I have aeeo tbooi toge -her at private booses, but I woo id not wish to rive the names a4 'he people, as hey would pr>h*hly rather at have their names mentioned. %. Then you have seen thorn together at private haws? a. Tea Judge Davirs?On bow many dlflbr*nt occasion*, and when? Yn have do right to dieciose private arihir*. Witness- A year ago last fall I saw them together ?t private hou*es, on two or throe different accost one. and duiing the winter, and in the street I nave seen I Mem nnite often. 1 would sta*c that I board at No. 9 Bawd stm t, and that mv office is at fi6; eowse??h I here to nam the noose dally, and have of 1 6a, wim pacing, seen tlxm going in and coning at tentivr. Q At tine* when von called at the bonne '<1 Rood m?t, and * the defendant, van it aa ordinary -4Mb* to me htm with her, or did yon noe then to wnthcr very vldoni T A. During the poet winter, or ?M( the ha* lived In the bonce. I have neon then hagethu oftener than when she boarded there; I reManned frrm dinngp generally at Ore or tlx o'clock; dhot wan pro' r*JM the boar that the Doctor went to kin oinnrr; I vadN go into the parlor, nit a few andante*, and geoeeally nee him ruber going oat or star to dtaner: be roont generally snake to Mrs. Amntnghun an if to Inform her that be was going Q. Do you know anything abor t the lock *a the Aar- thin lart leek?an to the facility of opening the door? A. I have seen it there, and poabnd through the iloot on eeveral oocoWom. Q. Mete to tbc Jury bow yon gcd Into the bonne? A. > wooM r-w rally nu the ML Q. Wbe would eomeXo Ute doorf A. The youag aan er boy who attended the Deri ir'n oft w; there wwoo atvefal of these boy*, and they were all Johns; rnmmUmm the girts (meaning the servants) admitted w?e altar after boor*, ?oaettam the little boyn ami eumaUne the young laato. when they would mat and from the parlor windows coming up the dame; oa two occasion* I rang the beil arid took heOof the door kaeb and found It ?m; the bolt had not notched; that wae afta* the look had been iw iildltd am two eooaatoan I found it no, and on ame eecanloe I found the door open: I always after that woo id ring the ball aad then catch bold of the knob, and lMbe ioor wan open I would Walk in amd wait la the ball till some oar came. Q Did Dr. Rardall tear noma ta the doer when yea rang the bell' A. Van. air, a goad many times Q. la the ?tay claw or inadag f A. Omaerally in dbe day time, the Doctor's buatnem wag like mine, amd in the evening be general* weed owt Q Those times that yen fnmvd the door no that yaw could "Hn |t from the outrnde, wae It to the day time or wrming f A. Juat at evening. Q. Do yim kiMrw whether the doctor ever took the Mecdant to any plane of public atnonemenvf A. I mnww that on one ncr?*ton be took ber to the Broad way thea?re. the* wan last spring, some time after abe had taken the Ntmnr. dt what uaw in the morning ??f Katnrdny, Uin ?>f Jaonnry, did in bear or the death or Dr. wha < irvuta*iai?oea ? A. I wan ? 7."'' Woudgrao coaitng to my room, M Meed street, between ? tea 9 o'clock: 1 war nut no yse'f; tt WW raloiue very bod been out the '* xr 1 ' lh*n wnal, as I dbl no* *riwci any one that ? V. morning. V Is vui ?<*u atiwyuu vb: mew to: A. I mi at ?be Opera in the Aoal?p of Mwd-v, I appose H brokeap between 11 aad It n^etoet; I ue? down fo Bead sheet direet.y free the A rule my of Mneio; I oaae down Fewft avenue and bowery, aad toned into Bead sheet at my btxwc. 0 iHd yen smell anything neeotiar that aUht? A Nothing at all; It was ahan night, a night that smoke would naturally deaeead. v. ID conseqnevoe or w nmnnnon wmoo you received, what did you do? A. I droved myself as ouickly as possible, end went to 31 Bond street; as l woe coating down the stairs of my house I m st Usnoah, the eook, in the hall, sad she also? Judge Darks (interrupting)? Dont tell what she aid. Witness?1 then wont on to 31; ascended the stairs to the Doctor's door, I roand Dr. Msin's student at fee door wi?h the key on the outside; he h*d I<sike1 the door and woe standing at it; I saw Dr Main st the foot of ibe stairs leading frost the third story; i think that Mr 8'sples, the next door neighbor, followed me in; I then look d into tae Doctor's room; saw the Doctor; I looked round toe room sod went out sgSin into the bell end nlosed the do >r Q Did yon st that time make a minute exastios tion et the room, or ltd you sf ?rw?rds? s N<it ?t tb?t ume; I then went up h airs; ( found the de'CDiint sitting in a >o king chair hy the side of 'he ud; Hnodgrsss was hotd>ng her; snd?shall I state wt-ere 'he voaag )ed<es were ? Judt-e Danes- No, state nothing exoppt about the def?Ddnut Q What did yea say, ard wba did she say? A. ^ke w?s oryng, snd toe first remark I heard her make was that if the Doctor dead ?be could tit live; that in ?he spring he had promised to make everything right. Q Whbttben? A. And she said she knew that be would do it. Q. I lid yoo ssy anything to ber ? A. I tried to qa et ber, ud told uer it he was dtwa it -josld not be uelped; she made tbe remark, -then voo dont know the ferret " or "there le a seeret wM -h you do not know;" I think tnose were the words. Q. Was there any lartoerconvers?tum before yoe 'eft ibe room ? a. I de do recollect what did pass; there was some other conversation not I do not recollect it: I remember that oart because it Married me uoredingly. not knowing to what she referred j Q. Ton had not at Uut time heard of any marriage or pretended marriage? A. No sir. Q. aid sbe said thing about it in that conversation 7 A No. sir; we then lifted her w th our fall for* and laid ber on the bed; sbe could not help herse f, and I being so startled at the secret which she spoke of. immediately went downstairs: there was a |K?lice officer there at the rime; we then entered the room; the body was then lying? Judge Davfes (interrogating)?is it wonn wtuio to go over this again, as we baa it iron Dr. Francis, Dr Main and Dr Knight ? If tins is any new feet? Counsel?I want to oaH he witness' attention particularly to tne drops ot blood. 1 To witness?l.wanttooaJ your attention to the drops si blood which yon saw in the room son h of the centre tab e and around the window. Witness?I would state aga-n that at the time when the policeman was there ho wanted to make a repoit of the cause of the death. Judge Davis (to witness)-Do not repeat the conversation which you had. Witness?Wcturied him over on hisbick; the po be* mmi. my sell and some owe etee a^nting?to a*?rtain the cau-e of deats; I traced tne >1<sk1 immediately leading from the doctor's rang J^etween the chair and the chair and centre uiife to tne in-rt.ru roeiit case, which stood between the two windows: they were mere round drops, as if dropping from above. Q Too distinguished them as dr ipe ra'ber than spots made by touching? \ Yes, sir, and tbey were darker blood than the blood upon the wall as it it was venus blood; the drops on the newspaper was particularly so; at me instrument ease there appeared to be more drone; the ins'.rumout case bad the appearance as if whoever the Wood dropped from most have been over it some time; from tthe point there were drops traced around the rocking chair to the body. Judge Davies?That is precisely as Dr. Uhl described it. Q. You beard Dr. Uhl's testimony in reference to the drops ? A. I did. Q Were there any other drops outside than those which he described < a. Not drops, bat there was a brush ; the knob of the Doctor's door outside bad very little blooo on it; there was also nn-aher email, slight brush, which, perhaps, oo hi not be perceived by Dr. Uhl, there; it was oo Uie casement train4 down stairs, as if toe person who maoo it bad brushed bhycoat al? eve on the c?e- mcnl; it was liko arte nal blood; ju-rt a slight nruxb. y. You saw that? A. Yes, I discovered that par th.uiarly. Q- The drop- which Dr. Uhl dcse.rilied you also observed? A. I did: at tint time I Us-k n-trw-mlar notice of it, because the poHccu.au might have made it there alter turning over the b -dy and ge tings ?nu ohiod on him; 1 tbeic ore sent and 00 upared that bk?d with the Wood in toe UOCJOra roo?n, ana round it was jn?t of the hmc dryo<"n as that in the room that in t*e hall *od that on Ux- treat door. V. What wax the hi a*tiou of toe DMMrt roa whvn yon went in as to the shades and abutters? J uiige Parks?W? have it already. I'be U'tioes I sere cKwtd and the buff shade* pulled d?wn thrnogh (he lattioe. 1 would also state that in the corner, (indicatinir it on the tkeuh) behind the operating chair, there was another chair, and another in the corner hv the window. We mold not get them into the drawing. There was no t.looo on town. Q 1 wanfto ask you now tne front ro->m waa? A. The doors feadin i bet we* n the two rooms were o,>en; both doors through sere open Judge l>avtes ho that the passage was clean open into the front room.' A. Yes. sir. Q. Now di acritic how 'lie fruit room wa?? A. The front room was as usnat; there w*s n .thing Disturbed there: as to the front windows. I do nit know whether the shut-cra wire -hut or not; I think not. Q. Were the shades down? A. I did not take particular notice of the ?ba~ra. but the top of ths win dow i'seif was dropped from Are to six inches?the top tosaxda rtroadway. Judge Davie*. Do yon know whether the Inside ehot'er* were clostd or their ahtde- down? A. I tan not speak posliitely. Judge DavWs? How as to the door which lod into the hall? A. That door was shut; I do nut know whether it was locked or not. Q Th-it was the only door leading ont o' that Boom was it ? s. No; mere was another d >or leaning to the lit'.le bedroom: Hhink that was shut; I do not know whether it was locked; there was hot the minute iospec-Jon majc ot that room that there was of the other. The Di?tit<* Attorney?Not by you. Jouge Davioe?Who o,cubed thit little bed roam in liont, do yon know? A- I do not know. Q Did yon find any trace of blood at all in the front room/ A. Not any, sir; there was one hole drop of blood which was no' mcnti oed ; th?t was a r. of blood on the wall, about mi inches behind mop, which evidently spirted on f rem the door. Judge Davie*?We have had the jet very accurately dee ribed. Q. Were yon present when the doctor's clothing was taken off? A. I was; I N here that John Coo a sear* bed his pork Is first and then took his es off. took out a knife and npped them open? hm pantaloomi. V The fact I wan'. Is, whether the blood M the clothing was thrown against the wall? a. Yea, sir; here (exhibiting oo the drawing) yon will are a crap of blood on the baseboard, betwiea the closet dow and the door that goes between, which most have Wasw auil ikeiM K?i liiA rllkf KAd g. Arc tbo apot* of blood in the room now M they were mt Uic time ? Jecge Dartee?It in not mry Material whether they arc there now or rot-they were man!tartly there at the time. that only hi Important. Witneaa- There wan another rpat which I dieoo vcred vtnee examining toe una, wnteh ?m wot there at the time^if the first examination, that (a a pot on the cloart d -or. g. Yon toted at the cioert that day, where the waah howl la? A I did g. Waa there any blood Imdde there? A. None a all. g. What waa fonnd on the Doctor1! pemen? A. A little pom with a few touting* In It y. Any billa? A. No, air, I think not; hia watch and pencil were found and aomething elae, I do not roftJlert the particular article*. nothing of any con m?m lodge Dariea?Did yon look into hia bank book, which lay on the mcntory; wu thorn any mooey la H? A. lief ore my attention waa drawn thorn Mime one todt op that Secretary; they took oat worthing which they mid woo hia aafe key. g. DkTbr. A. ft. Smith come while you were in! A. Be did. 0. Did he have a night key to this hooee? A. I nndcratood him to my he did. The Dtetriot Attorney? ( will admit the hd 4TjBe end hie mm each had a night key? A. I <j Warn yen on nUira when John Oonnary eante np and naked the defendant fee her name' A. I do not think I waa; 1 may hare been, hot I did mot beer H. Q. Were yoo in the mem when the defendant produced her marriege certificate before the Coroner? A. Iwte; thla waa aftr* the Coroner bad arrived; 1 xtrjpped into bcr row aga.n, and aha-? Q. W an the Coroner or hie deputy there? A. I do not know. g. At what hoar of tbe day waa tMe? A. I nan not fell ixactly; *?we time hPer the Coroner bad arrlmd; it waa In Mr*. Cunningham'* mow. Judge D-?c1e*- I do not we the importance of thla It la hi proof that ohe aid produce the oertj Urate. | < ,.?n?rl Tito point I want to p t at it wh< n Bfl I produced that certificate. : ft*? b P * ' he rtdtetj mj , BK HERALD, SATURDAY tuiy tbat iaj that abe had % mar tag* ea-ttfleate. la It not 00, gentle tueuT- (app e'ln* to the jmn.) The jar* Ma* aa?nt*aeeme, a4 am of the* awtaakail thai TW lihiii Kai iaa .it Counsel for det*D??? I do n t ki ow whether the jorv are to visit the prea<iML .lodge Daren?I beve been consulting with the pentltmen of 'be Jot) thi# morning ee the sabjeot, and tbey think tbey here a very eorarete knowledge of all tie localities ef that beaae. which the models, and the drawings end the testimony of the rtttirpcea have given They understand it ee ftlly that thet do not think it neeaeMiy to waate any tin e on the crbj HJt Counsel?Well,hen there are some things else wb>rb 1 want to examine 'he witoeea about. Judge Device?Well, if hirt ie anything material. go on. Counsel (referring to the model)? This southerly mom in the rear waa oroinarlly eeonpied by the two deopVere? Judge Davits (to counsel, after reflection and an intia ation irom wiu era)?Ton may as well ask the witnem about hie being abe *n tte marnago oerhttcate. Witness?Pbo informed me that there bad been on e one op to get b?r name and toseownatabc ki ?w ation' i be matter. Thin was some time after tie Carter bad g?t there and had oanmeneod tukmg ennem e: she t id ma 'hen *ha*. she could i at g>*e beriame as Mrs. Oun<itmrh?m; I asked a hj ; i-be eaio 1 ras earned to the Doctor; 1 eekrd ber i? she had a orrtiPcst*;sbe said abe bad; 1 aak*d ?*i lo? it. and abe took <t out of seme ef hor dre?era no showed it to me; I read it end then I handed it to her; rt?e said "There it ie, the Doctor gave it to me tummb; be b> ought i "P rr?oi the bank and band od it t<? no himselt;'' that ie the last time thet I naw it. Q Did she et that time aey to von that thet was tbr nmtt (-he referred '?? ?. Yea. <4- v. hint id I In (uuimutii oi inai Douse as tu uw rear- the w?y of acre * to it at the rear ? la there a stable in t) e rear oi the bowse? A. Yea Q What is the aooa- re this stable? A. I cannot t?)l yi?; I hars never men there. Q 1* tfere any ao<-?*R to toe yartI for horses or D'oth)* from the front sreet? Yes; the*e is an eiitrai.ce between Dr. Francis' bouse and the next nr. Q Ibere is an alleyway that rutin through hetwcn Mo. 1 sad Dr. Kraneh*' ? A. Yes. Q And there is the enWauoe to the stable? A. Yea sir. Q. Is there a d"nr from the stable leading into this yaro 1 A. I nrter was in the yard to my knowledge, except to go to tie door. Q. I supp eed you knew about it; I will oall some oar eh e an to that; bow many bonnes are tliere oo the moth fode ef Bold street that hare those durmer iteons, and present the same aopeirance as this one ? A. I mar m the whole row, except the two last houses No 53 and 56, which have a square ?mf; all the others present the same appearance pre?ty much Q- The same height? k. There Issomo discrepaicy in the height, aid 1 do not know bat there mat i e in the roof too. (J. We.e yen present at No. 31 Bono street on 1* 'urray night, Match 28'b, the Saturday night pro vious to the sale of t) e Doctor's furniture ? The Court?1 was thinking about those experiments yon spoke of io y?ur opening The oidjr Msnibie ground on wbicb 'hey oould be adtnisstb e vSshnw 'bat the |>eiMin* in the boose did nut beir *hy nuinc; that oots not pi ore any thing; it in of an materialty; oetv ran be no aeennation brought against them for Dot heariog I am inue willing to permit anything snd every iiing 'hat will hare any beating, seen remotely, on the issue, bat this has none that 1 can e<. CotiDffl for Defence Yonr honor is correct that we trying iliin case on only one i-suc, whether the prison er ieguil y or ianooent of this murder; b it it may I e art ed that if she < id eot do it with her own bar ds. yet if she was in the house, aud hid any guilty knowledge, it makes her a princpal. We all know that 'he ooonlar mind has become nossetAxd n> tt?e idea that web a struggle eou.d uot hare oo curved without too knowh dgo of the in nates Court?Kin not necessary to prove o?yhing to rebut xb) imptescion of the poparar mind. oruny imp io-mod ?bat s ay he made onf.vocable to the ceund. Every impression jf the law ie u> her Ur or. i ounrel for Defence? 1 know that Is so legally. Court-Yee. the law presumes her to be innocent, until ptovi'3 guilty. Cot waiter Deb-noa?True; butsbeaudherdsughtorp at d her sone bare got to Hie in tht.i community. Court?Tt<era ia but one person ua trial now; she is ret cbargtd aa an accessory, but as a orinoipal; 1 carrot pop h?w any question can be raised in this case as to the bearing. lhr-tTi -t attorney - The thing was eltlier done with<u noise aud silently, or with no?,? No?,tho only i vid? n e we bare bad here roes '<> sh >w that it ?as done by strangntatioo, without the onset oitHy of making notsi Ho f%r we hare had nt testimony eftaf noise, vd I think before the totiniotiy isadtuifvibie. there ought to he some erid-snoe of there havii sr b?en noise. Court? I do not see any necessity for It, aa the rare rtai da Counsel for Defence?I admtt that this experiment rof taken with reft rtnee to the fealimony ocfore the Coroner. (Vmrt? Well, I hope 'hat no aHoaion will be made te the proceedit g- before the Coram r again. C'rotu-exao im d by Mr. Hail?Q. Aru you a marritd man Doctor ? A. 1 am not, rlr. Q. Yon bare been in and ont of Mrs. Cunwlnghugi's house a great deal curing the last two years, I take it ? A. Mm. Cunningham has not hred thera so lot g; ever sli.ee the ha* tbed Uwie, and a year and a half before, I bare hr-tn in and not there. g. Dating the tunc she h** lived there yon hero been fiequeiiMy in and eat? A. Yes; I have, and tiequm ly t* ore, for a yiar and a half. V W' en you went t Saratoga von went in com pat j with kits. Cunningham and the Doctor ? A. I oid. g. Who rise went wtth Mrs. Cunningham? A. Her daughter, Augusta, ana a lady friend of theirs - a lady I never h ?o seen before. g On Haturesy morning Dr. Main had been np to her room Wore you got there? A. Ho he informed me nnee; I do not know nyself; I supposed he hao not at the Coo ner's inquest V I UOWIiriniU ilicrr wrre MI'ctj wi ;wm wim> sbted it turning over the Doctor? A. Tec, I think heir were three. (j Up to that Ha>? be bed been lying en bie fear? A. Uen?d; fie wee ra hie bee; there wee e liKJe eimr*h?Dcy to Dr. Mam'* teettmeay end ee I new bhn IIret; (be Doctor li>f>*med ate that be bed polled hie band* from und-r hta>, end when I found Him I fowd 1 a hand* fit j|r rife; bie intormattao I here pot mnee I ftere n?y wrttmooy ht-fnre the Oerooer. Q Did JOO notkc ?t whtu boor the emtoh of the I rector rtnpptd? A. No; I did not take the watch m my befide at eiL f). Wee the matraiDcat tw open when yon new it befote the looking g>a*? bet-een the window*? a. .hint aa reo me It In Uu* picture (referring to Woetrntion ) Q. We* there anything lying rand bat what belot ged te it, tee?i'ngiy ? a. No; there were hooka end Uiloge < ? the top V Wh?a Mrs. Cai-ningbeai produced thie rear riapr certificate, the ahowed it to yon and yea read it? A. I did. Q 80 I Inferred front yenr teetiaonj. Yea had kiown, bowtrrr, of the rane between her end the Ifocter, bed yon not, Dretrieaay? A. Haw do 70a want me to anewvt? Q Merely the fact whether yon had any knowledge or i>?'t ? I heard h? r apeak of them end I beard Dr. Burdell; I elao aew the bond that we* ''d"What fline wee It that yea heard ef the anite frnre Mta Cunningham? when did "he tell ve.? A. It we* about the tiae they were negrrtiaunf a mttfinicnt.or ahoot the ttme It area moled. Q. By e .l?ior- It hea been te?t Ged to that there wa a Hgbt in the Doctor * moot. Now, with the door open between that and the front room aad the ef adee ae yen raw th? amtlx morning, would that llaht be m?n in therireett A. I cannot aay how the rbade* were; the ligot wn* not in Ml binet; It area not all turned on is fall force; abort twnthirda. I ebon Id think. twijuoict or osotu.n cnrrwonAa. George D. Cuni tnghaw, a fine, mealy tittle fellow, rf abont ten yean, was relied and hating aaewnrod eatlefbrUnily 'be queation* of the Court ae to hie o | drrrrerKme ot U* owipusw ? an cam, w*p eworn. Q. (Iforg#, what i# vvnr age? A. I am ten, dr. Q. TV* la yoor mother la court? A. Ma, rtr. Q. Whm do you fire now? A. I lire at No 31 Moid stree*. Q. ium long baa# jow llnd there? A. 1 do not klQ.WVon toM Heed there Msec row mother WW* then? i.Ta. rir, I bare. Q. Wtth year mother 7 A. Tea. rir. Q. Were jou there on the Friday when Doetor Burdrll waa ft ond dead the wilt day? A. Yea, dr. Q Wlrre were jon on that Bride? molar? A. I wee in tbofartoc. w1*h cay mother andMr. Eokal. Q. I wV-b yon would Mate new what yon rww brr a boot Friday night, from the time ym> took year diaw r nntll yon want to bed. What time did yoa it jour dinner 1' About dark, waa It not7 A. It waa dark. y Did )*n get rwr dinner about the ueoal lime 7 A. We need to take dinner and tea together; Mwrotlnien we bed H at lira o'elork, eometlmaa at d*. and remetimro later. Q That night jou had It about the tumal time? A. T ptiree we had. inf. y Whe-e we r you from that Ume no til (he than y u eeiit to beOT * . ' waa I* the. pari * wl h my tUift ard Iff. F. kai; when aoh?r rail. H the n i fc np erd t?.ld her what we were to h.ref.w hr.et'aet. I heard her ?pe?k shoot name hot rhoa. ( Was yur brother withytm? A. My b other Ibtlkrtwa-Ji the pwkir. r, MAT 8, 1857.?TRIPLE S3 Q. And where were you? A. I wee in the hell ttfc with my mother when the wne giving the erdere to *t tlltf CO#?n fif^ Q. Whet be)) did year mother ring for the eeok tlx to <x me? *. She rang the beek perlor beH. tri Q. After thet where did yon go? A. I went Into the nerler with By m-eher. ] Q. Where did yon go next? A. Then Mr. Bekel we wee going op eUire; I wewt to n; notber'a bedroom, and tieoree Bnodgmm end nr. Rebel. rn Q Well , whet wee done tu them??do yen retnero- W ber? A. I beHeve Mr. Bikel eed Aognrtn were eetting down et tbe Ore, end putting bom mod inaeme pn bottler for tbe birds for the t ext morning. Q. Were there birde in (bet room? A. Yee, Mr wfSktad^J bjfde? A. Tbemwerecenmiee. ^

O. Wei', lieorire, wnat occnrrva a. Mr. t< kfl went Into his bee room and I retired up to he bed wi?h my bro?ber. ... t J*1 Q. What room did yon goto bed in with yonr bro- ?r ther? . We went into the front room, towards the Bowery. , fc> Q. In which story? A. rhe third story. oh O. The nf per story of the hoese? A. Toe. Q. Whet is it cal'ed? A. Tbe attic. ftii Q. Had Hannab gone np to bed before voo or after hi y u? A. I believe she went ?o bed after ua. Q. D'd yon bear her? ?. Yso, sir. 1 beard be*. P'' Q. Did yon and yonr briber stay tHere or go j down in tbe room? A. N?, si'; ?e ae*rd Rtnnaa CV tslkins, and I vent down and told mother of it no Q. Yon beard Hannah after going into yoar room and w?pt down agam? A. Yea, sir. Q And jon went rows iotoyonr mother's raoo atl aid tols jrar mother of it? A. Yes, sir. l?e< Q W'tifD yen got dawn into yoar mother's roam ? ' whn oeoorrFd? A ^bea my mother told us to wait 1 oniil George bnodgratw went up. at Q Who was in the room? A. My mother, Augn-t? and Helen. Q Poyoo know where George Boodgrasn was at q" the tine? A. He was to my mother's roam. I be ?? bevo. marking so . e clothes for my after, who was t-e going to school the next morning n Q. Brodgtaes was there, ta?n, with yoar mother, ti l Atigiuta aid Helen? A. Yes, sir. TKS'MONT OP KBK1G PAUKLT. On the application ef defendant's counsel, who stated that there was a afHness in attendance whose ?b mat her was Ul,aad be wanted to get ?w*y qmckly * 1 to attend np n her, the examination of George |T Cnnringham was suspended, and ?h Gnie Parmly was called and sworn. Q. Yon reside at No. 1 Bond street, in this city? A. Yes, sir. Q. Yon are son of Dr. Eleazer Parmly and *1 nephew of Dr. Bamnel Parmly, who testified here? T" A. Yes tir. It Q Dio Dr. 8?mnel W. Parmly have any oonver ?f sati< n with you in regard toro elling bo tied woollen ? on ?Le night t f the 30tta of January last ? t I Jul not know ot the muder nntd Monday morning, an" on Moi day evening, after the murder, I called at bin rf hoot* about 7 o'clock in tbe evening, and then be n entlor ed to me *hat 1 ?t*ttd to yon in my note. . t Q. That yon will have to state in Oonrt as to wln-n and what be smelt? A. He stated toat be- ar twe? n nine and ten o'c ock on the evening of Friday he went rnt to take a walk, and on opening bi- Hf front foor be percehed a strong smell, as of son?- I ? tbit p hon ing; thar.be thought toe MMMBloir j et n net he on fire fro* the grate; bat thinkfos ?w tba? 1 e din u?>t ra>el] ?t on til after be opened the fren*. door be judg? d it most be outside of the g, house; be took a walk of twenty minutes, and return d lt Q Did be say anything in tsat conversation aboot j,f perceiving a different smell later in the evening? A. N< t that I recollect. Q. In that conversion did be say anything to ^ y? n about perceiving a fliekenng light in the attic ol 31 Bord street? A. Not that I recollect. No cross-examination. ce rntthi* ex vnrn ation of geckos cttwwohaw George Cunningham wa* then recalled, and for- 1,1 tber examined b> Counsel for Defence. The (V'urt? Be had stated that Bnodgraae was fat tbe room, marking ciotbes lor bis sister, who was going to reboot tbe next day alJ Q. ?ad your mother told you to stay in the room on'11 George ftnndgrass went up to bed. Did you stay? s. Yes, air. Q. Did be (jo up Willi )?u to bod? A. Yes. ?lr, he . did. ' (j. Wbrn you first went np did you have a l'ght to flv go up by? a. Yes, sir, we bad a light to goapto bed b>. * I C what kind of light did you use up in tbe attic? A. Wl used to burn cauole? 11 Q. Whs it a good wbUe from tbe time ycu went i i cp to go to bed with your brother before yen went i p again a lib George Snodgiass? A. Only a ltttte d? t n"e air, a?-en> fifteen Diinntes. Q Did yon sleep in that room that night? A ? Yea. rir. 1 slept in thai rowtn that night j.i I<,?- Who else slept there? A. George Boodgrasi .1 at J MM "i Q. W ith yon or in a separate bed? A. With no. 11 O All three in one bed? A. Yea. air. ot h ton k< np ant itftieo? a Vn air t afti 8D.d y< u Mt ell anything that Dlght? a. No,sir. . W re j no st bunkfait the (tit morning? A. Ye . sir. 1 ens O. Who else? i. My mother, Helen, Augusta, W lluem ard Mr ErheL Q Won George foodgrass at breakfast, do yon m MBtglf A. Yes, nr. Q. Do j on rerreo ber whether any letter or paper was brought to the house the night before fnr Mr. E- k?l?that is, on Kricay night? A. 1 before Mae re was a ktter. i). Doytn know who took it? A. T before my no'her took it. e Q. Do yon know who bronght it? A. 1 do not krow - I -uprose the peatman brought K. V Do yon I now what time It arrived? A. No, sir. Q. D<> yon remember opening the door that even lag when seme bird seed was brought? No, sir. The Attorney General?We do not cross examine this wi'iies*. we were attacked for not calling hkn, and Coroner Oonnery tie cause we kad; yet we ace nothing important In hia evidence. mv, MR. smopollars on ml rtanp. Rev. Wm. IL Snodgrass, father of young George Vail food grass, was called and examined try counsel for defence. ? Q. Too are a clergyman by profession? A. Tea. air. Q. Wliere is your present residen t? A. In Go- t then, Otetgc county. Q. Yon formerly officiated as a clergyman in thia city? A. I did, sir. 0 in the Dutch Reformed church? A. No, sir; hi toe Ptesbyterieo. Q Do yru know the defendant? A. I have known her stmrc 1P44 or 1R46; 1 am not very certain which. (J. and her 'amity? A. Yes, sir; she bccamo a member of my ohurrh. Q. Have ynu b*en la the same bouse and at the same table with her on any occasion? A. Yes, sir; on a few oerasitas after the lath of December Inst; I was at htr boose two or three days. Q. What tine in Deeembet? A. Tbo 1 nth of December was the day on which I arrived at her hoosu. Q. When did yon leave? A. That was on a Hater day, ai d I left, I am not very sure whether on Manday or Tuesday; it was not Inter than Tuesday, after breakfast A 0 Did you leave your wife there? A. I Ad. af Q. Per about bow Umg? A. I think she returned te on Ttnrsdey of the same week. ha Q Did yon retain to Bood street for her? A. No, Mr; 1 went tame, and she followed me; 1 think I tv went hr me on Tuesday evening. Q. Yon say yoo have boon at the name table; have yon noticed whether she wae left banded? A. I as never notlerd anything in relation to that point. so Q. Had she eaten as a left-handed person, and *. iwk An m, wm, m?.M k>.? w Vetd that jrni opp -rtanitic* wwr erfiieiawt? re k. I think 1 bad opportunity faoogb, bat I Aid Ml tk B0t1c? It; that ia all I nan "ay about It. air. Q. in Dfember laat, when you rtaited the do- w1 fmriaot, d>4 joa do Tint any porttoa Of the time wl tbat yon were there are Dr. BardellT A. I did, atr. u V- Did ton aee Dr. Bvdoll and the defendant la- k gethit? A. 1 did. air. I Q How often Oid yon aoe then together while hi job were there, air? A. I think two or thaw ttoooe; of l an not very confident about ft. Q V> hm job m? then together, did yoo hear be tlx m eoirreraeT A. Tea, nr. O. Id a manner friendly or heetUe? ac The Diatrtot AMoreey ohfrolr 1. n? The Ooort?Jnot atato that trio "aid. ni Mr GMntao?I hare a word to nay to the Ooort re befeooMo final dodoton tb The Court?Tha qurohon baa been op and Ma- to eu wed and derided. It naad not be diacuaaed agate, tr Jort a?k whatwioaaid and dona. tb Defendants ronneai?I did not bear the prerlout ti qoertion dtnoooaed. It nag hare been done while I war out of the roon. wi Court?It baa been diapoaed of. Defendants counoet?Be kind enoegh to note wl oor exception. I world mention that urt qoeetlorw hare hentrfoae been allowed In oaaea where tv bootiltty waa ^on^ttohe abown. I think' hat joar tU boner permitted qUOation* of a atmllar ohnacioi, though perham no; the aame In phraaeolo*y. Ui Hannah thaeook, ami Mary Donoh,*. The whole Hi drift nt tbHr leathnony waa to ahow anfrlrtdly an ir?tbm Oa her examination I know I pot ?wn q lamni to tbtm aa to whether with the exception an of?te nl?erc*Honi the? had named they haioh- ak aerrrd anything but friendly feehnga exiatin / bo- o tatml't Kurd* 11 aial the defendant Yoor hon it a'Vard the qneetWw, and it w%? anaoered to the n<v or ! t tire. Now when the only point of diepute t?, w? J wbOfccr Uicrclattaw Irtiirwn vie pattica wwf fcii-1 11 I* ^ Mf ? M. i or frirodtj, we think we hove a right to ask the I whether wey nave >b unbtai to the enduct and oowvrrsitkms of ?se parties, wbeo together, otherwise than Mld>y. The Court?I did not admit snob question* Defendant's counsel?Their substance, I think, * 'be same, if n>y recollection is right. The Ooart?Yoor memory ooes not seres yon eor*iy. The question pot to all the witnesses was, hat was said and done hy the parties? Defendant's c nnse!?The distinct question was t. Did yoo observe any quarrel? The C oil?No. Peft t dam's counsel?It was pot to Mary Donoho. Ibe Court?No, vhey were asked what was said. De-endsutV counsel?I will adopt row the qoesb designated by tbe Pistric'. attorney, DmI you or quarrel unfriendly or in the least degree s lie language used between Mrs. Burdell and the ctor? The Court?That Is the same question in snotbsr m. 1 will allow the question, What did yon H*rve? Peu Ddant^s councel?W? except. Yoor honor rfr t?o wi anuw <{ oiMun, ina it w wrec'sely the 9 e 8f was admitted all through the cam. The 0. urt- U 1 committed one error, I do net proFt to if peat It. |)efe> dent's rcun?el?I wish the rating of the rrt njK n this question: " Whet was the demea i fit m <i?e to tbf other?" The 0oor??'bat is proper. W<tnesF?I observed nothing that attracted my tention as being ritflirent t om what might be ?wen fr< m the relations I supposed them to Ma-tain ards each other. Defendant's counsel?To explain thai answer, I 11 Y e obliged to ask what those relations were. The District Attorney objected. Defer dant's counsel Then 1 wilj bare to ask the e?tion again. Q What was the demean-* of one the clber! A Not inconsistent wu.b the fact of t being the tenant of Dr. Burdi-ll, and he residing the san e home, as a dentist. That is ay meant. sir Q What wts the day on wbion yon saw then tother? A. On Monday morning, as far as I reoolrt, about 9 o'clock, ar between 9 t?nd H?. Q. Hta e tbe circumstances that tran*?ire<i when ey were loge'ber. if any. A. Toe occasion was ronveraaion on tbe part of Dr. Bordell, m> wire, re ? ui nirgbam and myself in relation t > a lit le cfessici'al hosiness by Dr. Bntdell for my wife; at was tbe ot oa?ion o' tbe conversation Q Dad tbe delendant anything to do with the i fessiona) business except introducing yon ? A. nt that I am aware of. Q Just state any conversation that yon recollect ben yon were together. A. I da not think I can ) ear a sentence correctly uttered by any m-. V- Tbe per ere! substance and purport of it? A. was in relation to an arrangement about a piece work that Dr. Bnrdeil waa about to perform, mi birh became tbe occasion of my wife staying be i d me wben 1 went borne; it waa a conversation relation to that general matter, bat 1 could n it Tt at a sentence u'tered by any individual. Q. lias tbe de'endant visited jour place at Goshi.dcctor? a. Sbehaa. Q. Did she stay for any time?she and >y of her daughters? A. I think that m ut seven years ago, a very short time ter my first re'n oval from this city to tioshen she er.t some two or three days in our family Q Doctor, do you know bow your son came to re if id ?be defen 'art a family ? District Attorney?f object to this, a* immaterial y did mode tbeie and that is sufficient Defendant's counsel- I ask the question whether a as try the approbation of yourself and wife that ' did ret- de there ? A. It was. Mr Ha 1 objected. Defer dart's counsel?The circumstance has been is?e presented. Mr. Ball? Not by me. Defendant's counsel- Not by the District Attory, od this trial. I confess. The Court?Well, you must not go into what inspired eleewbere. No cross-examination. pa. catun's TErrnioirr. Raaruel H. Catlin, sworn? examined by defend, fs eounseL Q Too are a physician by profession ? A. I am. Q. When dctyou reside, doctor ? A. In BrooklynQ. t>o you know the defendant 7 A. I do, sir. Q. For how lung ti?i? yon known her? A. For 'f years. Q Bare you been her family physician? A. I as while tbey lived in Brooklyn. Q. That was during the lifetime of her former island? A. Yes, during the lifetime of Mr. Cun i pbsm. V. You were his physician at the time sf his -nth? A. I was. Q Be kind enough to state whether the de'endant as afected a ah rhouuiatuur, and if so state the ntknlsrs and eflects? A. Three years ago. or n ot tbne years she bad inllair mnUirv rhinroa-ai sdtetiv g both shoulder* more or lees, ra>re irticolarly the right elbow and hand and the joints be tisnd. Q. What is the eflhet. doctor, upon the joints of it bands? A The joints of her hands were very 01 b swollen and enlarged. Q How are those kint? still aflbe'ed if tbey are beted?have tbey lecovertd? A. No, air, not to eir ne ural condition. V flat is the joints of the Angers where united the h_ad arc still enlarged? A. Yes, sir; still en ijed. Q. Tbey are n->t in s natural condition?bow is at with iefcrea<e to the right hand, doctor? A. lie joints arc enlarged In that. Ibe tonrt- It won the right hand you were ?aking of ? A. Both bands were affected more or se the right hand more than the other (j Whs* effect dlo that haee in reference to the r* ngth of the hands and arms 7 A I should think would stifltn thim, anu also weaken them aomohat Q. Btste would she have as much power to grasp aw as lefore she was afflicted with the rheumatism? . I should ssy not not. Q. Would her strength be to a very small extent - to a great extent, diminished by this cause? 'but is yoor juagment ? a. 1 should say tba? the it ngth of the joints affected would be very much sirred. D? fondant's coup pal. (to the Court)?! want to Mlerstar d one point; I understand some ruling won m*m bj m'mii pi ii wd uurnmi o'i wnica ed Is my ojx uing. Tkia witacaa vti one of >c *e ?bo b iU? the experiment. The Court?I do cot consider it ncowwrry, and I Hidmv rtn1 f' 1 Diftiidaot'a coumel?Your honor answers the rt In our favor. Oounel for preaeontion?I trill a*k yon one one* nr. W brn did yoo riw to he the leeuie* medical 1. ndaiit of Mra. Cunningham? A. I think it ?u joot too year* ago. The Oonrt- He naid (hat it wa* when Mra Cnnogham rent Iron Brooklyn to New York, which a* nbott two years ago. I be here we all nnder?nd that Control? If your booor will allow me the qnear*i. beaauM- be gives hie preaent impression of the erent Mate of her hand; and 1 wish ? show that 1 baa r ot bean her physician for two year*. The Coort-He raya ao. Q When waa the tot time that yon attended her ofeeaionally. and will yon tell me what It waa for? . I do not know that I attended her profenionallv ter aba left Brooklyn; I aaw tier mwtal times afr that, and aa a matter of intern* I examined her mda aa to their coodBkra. The Ccnrt- Bare yon examined her hand* within rojeare? A. Ym, dr. The Court, Ooon, Mr.Oounael. f Were they at all tbeae time* in the name atate when ybo examined her professionally? A. Not > moch rwollen or enlarged. CounwJ?I believe that* alL Mr. Cliaton? There la just one qnettioo. Bow centiy haw yon examined her handa? A. Within itc irfflp O Hteeo whether yoer examination of her handa, Hbln the law three week*, had anything to do lib the medical opinion too gave on tour direct miration aa to (he diminution of the strength? It bad. Cenrral fhr Mr*. Cunningham?I ahonld like to irr ths Dbetor point out to the Jury tae condition ber handa now. The Oonrt?Will yon aak the defendant to rtep up ire ao that Uf Drctor ran aae. [The crowd# d atate of the oonrt room would not Imtt of this, aad the Doctor stepped from the artV IP fctnr.d to l lllh in frmt nftfe* Inn tin rw,. nphiiin stood npoo the othrr stde of the tsble and oeh*d mt her hand. There was a rtrthle stir In ,e wort room la the eftxt to see her. The Doctor ok the hand and pweeaded to explain hie testl oiij to the Jury. He netd they ware swollen, par alarty across the knookles, at the joint of the icers with the head.) Q. Did the lady, at the time yoo attended her, par rtwnl ( wittfl for lira. Crmnin^haa?I do set know Iwther that is a proper (pas^ n or not. Ormnaei for pro*-cotton- I wish to know whether ey *e the eame sine now, or whether the rhraae n aflhrted them. The Ooert- On that point I think H will do. Witness?1 hare on reeollnflOnn whether ?he wore 'gs at all or net; I do not think that I erar noticed 8 on her hands. . In ease of rhenmattsm the ende of the fln?ers 117 A. Her flager* were swollen at the! time; e weld not hare worn a ?inf at the tune of the e'"r * # * I) lines *ro ercr po(T'let ?ly ohsrrrea the hand* rtirs'ke'd tie -ire of her rlnf*. whether th?y roof rMTfttlslh eire. B.ier.t"! ?o ' er !u>nda? A.. l.. uiAii ati# Ihal 1 hnfcki a*. hX Qexmi,eetion wer? *** hv The Court?Look it the rioga on the daiioteat'f flpgera. Ti e ffitceas stepped *o where Mrs. Ommingha# vh ki'tire and ?*xnli>h>ed her rinse. Tbe Oourt? Now, air, answer the question; km tbe rings tbe ordinary wie of tbe Angers? A. I should My they fit ber Sogers in tbe oonditiim that tbey are now in. Q Pow n.ocb are tb*y swollen?not orer btr natural sire? Tbe Court? A re tbey swollen at all? Whneep?'Tbey are awnl.en from tbetr natural rise from what tbey were previoos, from tbe effects of rheumatism. Q Bow much? Tbe Conr?&tep aside, air. Q. Swollen to any considerable dogree or extent? A. N< t to any oonride abte egvnt now; tbey are ent laru? d but I cannot give tbe exact? Tbe Conrt Step aside, sir. Mr Clinton? Tbereia< ne question. State whether tbe joints would be much n ore swollen than the f 1 ger? down as far there [illustrating by the second joint]? The Attorney General?I object I The Oour'?It is strictly n n atter. I Mr Clinton?Tbe D?ev>r wilt su*e that tbe flngera #re more s*olbn uoon tbe junction wtib the band 1 ifcan at tbe joints l.elnw Witness-- I tbir k 1 sta'cd that the greatest swelliigwsssrress tbe joints of the bands where the fingers joined tbe band. TESTIMONY OF SOWAUD PI?RPOXT. Edward Pier pout was sworn and examined by Mr. Clinton:? H Q I believe j ou are a lawyer residing in this city? A. Yes, sir. Q. Did yon know Dr. Harvey Bnrdell in bis lifetime? A. Ita.eir Q Bad yon seen the defendant? A. Never, unlese tl is morning. Q A judgment bas been >p-ken of which purports to bar e been to-stoneo hv ??u th. defendant?stats * it you knew * lifethtr ihe defei d?nt ever had any In: temt in ihat jt'dgmont?tlixt a?M<itna)oot I Tbe('oor'-Do? Mt ib?t ?ey fully upwby H Dr. BurdeH's own statement >n ?he affair or the late affidavit that he ptoooiea th's alignment from his H brother, SLd (rare it to Km Ou? nnghass. taking her note ; and declared in the affidavit that It was can* celled by reason of the now? Cotmnef? My object in tide?It has been stated and a point baa been mace on it, tbai a charge waa made against ber h r (-testing the note. Hue bad, 1 a?y, never baot any interest in the note, it beii g_a mere matter of lavor- < The Owirt?It is not sufloiently proven. I do not understard the natnre of the affidavit ef Dr* BardelL Connacl- 1 wish te prove bv thw witness wha; I H atatrd in my oaenlng? jour honor n-oUeete it. H Tbe Court?Yea, air 1 do not consider it neooaaa ry; I think the jury will remember that affidavit of Dr. Bui dell. The attorney General?I ?n;>poae that thia agree ment waa made between them; she got bold of tt for some reason or other, aud it waa a matter be- H tween themselves. H Tbe Court?Yea, sir; the 4t orney General takes tbe same view of it as t.b? Court. Step aside, sir. H Mr. Clinton?Is Mrs Deiniwn In tbe room? Tbe ("our*?Vs must d tve on; we bave a hard read to travel, and if we don't whip np the ho race we won't get al >ng. TESTIMONY OF 8KOHOR VAIL PNODORARS, WHO SAW NOTHING, BF.ARO NOTHING, AND SMELT NOTHING ON THE NIGHT OF TUN Ml'KOKU? U18 POWiSKS OF H SMELLING A HE GOOD. H George Tail Snodgraaa took the stand, looking I somewhat flushed, and waa sworn by the clerk. He waa examined by Mr Oilmen. Q. Yon are the eon of the Bev. Dr. Snodgraas ? A- I I am. I Q. What ia your age ? A. I will be nineteen in June, air. Q D > yon know the defendant? A. Tee, sir. Q. Her famtly? A. Yen. sir. Q. How hu nave yon known them? A. I cannot I say how long I have known them; 1 ha?e not been I intimately a quaioted wi>h ?hmn till ku* July. I Q. Previous to that, bow ton?? A. I have not the I leant, tjjpfl, I The Court?Did not know them mnch ontU leal I July. I Q. Were you acquainted wi*i them when yon and > 'Lev lesioed in Irving p'ace?th?n you wore quits a I young hey? A. I believe I was, sir, although I do 1 not remember st the prevent Uum* 1 Tbe Court-He doo t *eeoi to remember. I Q. At tbe time of the homicide in question you m- I sided at 31 Bond street? A. Yen. air 1 Q. How long ptevi >u* to 'bat time had yen there I resided? A. I 'hiak tt was from the middle of No- I tember to the first of September; ahmt that time. 1 The Court?Re came there from about the middle I "i i*vrruiucr w Mir urn rrp vi/utr? IU uiucr w unify , >ou csme abont the last e Noveinher? Tbe Attorney Geceaal?lie meant between those I arte. Tbe Court?He meant be went t icro about the est of November to live. Mr. Clinton?Hoe torn did ?on continue to reside tbe?e? A. Up to tbe 31 ?t of Juiiawy last. Q At that tune you and E^el wero taken btocustody ? A. it*, sir. V Yon were aoWcquentty |mt nnder bonds to appear aa a witnam for the prosecution in thla z*m T A. Yea, sir. Tbe attorney Oercral- You make him your frtttn-jm now. Mr. Clinton- Yea, air, and am i^ad to have him. Tbe Court? Now go on, sir, and -gy-'*** him aa to bia testimony. O. State bow yau came to reeid ? in Che family. The Ootirt?I don't see the materiality of that. He was bring there, that *aa enough. It la a resi Bed that he lived here fer an lnnoeant, lawful and proper purpose Q Were yon ensued in any boaiDeea at thin par tlcular time ? A. Yes, air. Q. You were in a store, wero you not 7 A. Yea, air Q In Mr. MeMurrray's s'ore? A. Yea, air; not at tbe time I went there, but during the latter part of tbe time. ? Q 76 Pearl street??a hardware Mere? A. No, sir, a brnab store. 1 be Court- Yon were a ekrk ia tbe store? A. Yea air. y. bid too see Dr. Burdell when yoa resided in that h> are? A. Yee, sir. Tbe Coerty-Hew often? Q Did you sen him-wute whether you saw him on tbe Sunday preceding bio death? A. Ton, sir. Q. Did yon see b?m in the presence of the defendant? A. I conld not soy, atr, an to that. V nid yon see the defendant during tbe day?Urn Ft May of tbe w< ek in which this homibdo was com nutted? A. 1 did, sir. Q. About what time, ae near as you can recollect, did you go home to c inner that day? A. Half past six o'clock or seven. Q. Were you la during the eventng? A. A portion of H, sir. W Then from half past rtx until what time were yoa in the boose before swine out? A. I think U was about half port roveo that I went out. O. homes here aioeg there? A. Too, sir. Q Yen want out f?w what puri>ase? A With Miss Helen C ontlnshatn to per base some thing*. S. You purchased a vail? a. Yea, air. . Where did yon go for that pnrpooo? A. W# went no Broadway to Fourth street, at the corner of tbe Bowery, down tbe Bowery to Bond street,and through Bond street to the house. Q I) ?d yon stop any longer than to enahie yon to purchase the veil? A. We pnrchaoad some other things at dMIhreot iteit The Ooort?Yoo did not slop except to make the pnrsbsses? A. No, sir. n Worn enn Imio at Out atnfM ! atUk mram ?topped7 A. I do not think w? could haw been out over three anarter* of aa hear. Q. Yon Una interna to the houee No. .11 Bond sUrel? A. Yea. A Q. When too iaha and where did yon got A. To fee back aanor.nir. Q. The nark parlor, find floor'' A. Yea, air. Q. Where wan Mm. Bard*J1 tboo. whoa you retained? A. I hare no distinct recollection whether be wn? la there or am. tat she may here been; 1 hi iik that bereeif and the two Mr* were there, g. George aad Wtlham? A. Yen. dr. Q. State whether yon remained In the bonne ftom he time you returned, aa yon hare elated, nnttl the i eit aw rntDf. A. Yea, air. g. Did you at any time go up Malm Into mo I root room, third atory, that aetata*? A. Yaa, Mr. g. About what time, aa near no f"?^2! 1 recollect? A. 1 ahould Judge about half paM etght i o'oDodt* g Yen war# them about that time? A. Yea, Mr. O. Atoo\bow long did you remain thera? A. I , ttaid their untilelertm. ... r.-a.'sss'is roSj&Ul the of the family occupied tt^clmiTwe ^ ^ . q. Who were there? A. The whole of the fbmtly, except the aermntn. (j. Frnwrrale thone who were In that room at that time? A. Mm Cunningham. her two daughters, her two son". Eckel r od myeelf. q. About what time did Mr Eckel go in? A. Tie came In. 1 think, shortly afterwards, nr. TheOonrt?After jou went In* A. Yen, Mr. q. Bute whether the defer* lent about what portion of the thre the defendent was In the room? A. All the time I we# there. Q. Yen tb'nk ell the rtme? A. Yea, air; 1 hare tie i dkU4? itfWUwtiOH WMWMT IMtMNItl Mtj |