The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-15

10 tho DaW0 oOn0iuUo1 o1Q are oup2of00 uAC0An00
cd witnesses the weight Of the eviaenoe inorosssa,
Arising the imprpbsbiIy that these naepsnteat
Witnesses should be mistaken or peria,ed. and that III
the circumstances sh0uiS hAvo happened contrary 0s
usuai and ordinary course OF human a1atys.
Gentleucn, those a the observations which think
portant That foul brutal murder has been ocn
mined oicar Tho evidence appears 70 mo to exclude
wa. aos an innate OF The hsuso OF the murdered man
There no evidence from VII cn infer that Wns
or me purpose Of enabing she murderer 70 pos
SEES immediately and the spot Of any property
which Dr burde had abouth person In his apartmeat
Although thero some evidence quarrels and dsputes,
nepears 70 mo that you win be OF opinion that they a.
NOT establish case sufficiently strong enable you -
conoade that revenge for any supposed Injury
your consideration and deolsion Aow me TO say ths,
U you have collected, think you collected from
ny individual opinion Of the case or the force Of The sv
dence affecting any individual whose name have
onced by what you may conjecture on that head NJ
opinion ought NOT weigh feather |, the scales OF us.os
IN 1 1s M 80 be so
your astenton 70 the facts and surrounding
S,,O.nsssSss Of 'h: s1'ns :.s might nigh. say
your consideration. You win, therefore, reooivs
what have said In this light H. upOa careful review
OF a tho and circumstances evidence before you
you como 70 the conclusion that although murder has
been committed there not evidence 10 put any Of tho In
oessores before tho to tho foul murder which
been committed. your verdict should be that the de-
unKnown." Although the blooi Of the murderod man
cries 70 Heaven for Against tho murderer ycs
win take care that the arrows Of retrouiivs justice are
participated In the murder The maxim OF the Law Ia, that
s better that ten guilty persons should escape raher
than innocent should suffer On the other hand
the parties whose have been brought before
on this inquiry have their rights, II Is my duty "
which require 10 bs satisfied they made plain ey
reliable testimony; were bette. that the boads 0
70 nis original ssse Of bsrbarnm and savage liberty
the avenser OF bis own wrongs and at onoe tho Judge
and exscutioner Of tho man who ha. deprived him q
OF things exist than that members Of civilized comma
ny, snsr the surrender Of portion Of their natural
persons and property find that what they had trusted -
~ benefit and protection was mookery, deusou aaA
snare, arising from jures at whose hands Justice Il de-
iearessy and faithfully 70 discharge their duty. Il
crimes OF tho deepest die can be oo@mitssd
with impuny, the necessary consequence 70 thas
70 Il cir View, and crms. even those or the srssis
atrccity Ike tho one We are inquirns nso VIII multiply
5, .hs .v enos and the svdsnoe aone s
gethcr the comments which have been made outside this
room Such have been published, and you may have
read thcm and here are parties who have thought az "
dissec comment on and draw conclusions nom hs evt
dsncc given here. Let mot your Judgments be swsysd
and you not called TO record endorse the ops
ions and conclusions OF any one pandsrng ths morbid
your verdict be influenced by any fear Of oommsut on
from without II may and will be criticised, commeutsd
% sOq % n ns % ,Ss 20
your tbor with an approving conscence. Thea
will sustain you under any attack to which you may bs
subject The attacks myself personally pest and 70
come, have TO the former failed their objeots They
have not annoyed or rriaed mt, they were Intended
dsSpsed by spgle shake and their existence scarcely
felt; and all other attacks me will fall equally haxn
less DOM understand me, gentlemen, asserting that
an regardless OF the opinions OF others that
Indifferent 70 popnlartyuo one would believe me
we're to max esuch assertion out tho popua y which
COvet that Whoh
and cove,cd but that which follows the faithful and honest
Of duty y ~ H.. H.vns ssps mo- y
esesshs 70 bear upon you when you consider your ves
dict, viii bring my observations TO close. II yes
are eatisned that Dr. Burdei came 20 his death by
eject you think that Mrs. Cunningham was prsssni.
10 bc dons and assented 10 It's commission oouuseng
AID abs,,nE Eehei. you wiz Tad year verdict scoord
tusy aided in the murder or was scoessory 70 I, In tbs
same way n Mrs Cunningham you VIII md verdict
Ellen were, or ei.ner OF them vss coxnzsnt iha, the
murdos was TO be committed, aud before the murder
.ss Or S.ed s you r and yos.
and sustsipes BY the evidence not on bare suspicion
le, ba suoh a verdict tSs, when, in the prsspsss
OF being called on 10 render your account 20 she
great omnpo,ent your oonseieuoes may not
ouse you either Of having thrown the mantle or
ssisssa. or Of having besn The auias. .ocuse,s @ q
human being have TO apologize you for the very
cesssry been pu, together 0aiy one day hes been al
awed TO me 10 read over the msss Of evidence labor
oH and Fss what vrcn SS. ssr
reasons that must DO apparen. TO al prefer h.ngnx
,hs pro.racsed inquiry % close this day Gen,emsu
II remains ony for me 10 thank you FOR tho very atieut
atten on which have given TO thesc ronarks, which
bave reduced 70 writing to guard against miuepvssen
charged leave you the discharge Of yours, feeling
sstn1ed that you viii render true verdict according W
the evidence. Be just, fear not.
Befsre you retire gentlemen Of the jury might be
well 70 state that my remarn were written, oonsdering
this day affecting snodsra1 s 90 fresh In your recei
lection that need not furher refer to ~ You viii be kind
enough to weigh 81 well when you connect u With the
other evidence affecting srodsrass 10 which have d.
reoted your attention.
The summing up took forty Eve minEtes In delivery.
Al the conclusion OF the charge the Coroner sad;-
Geutemen-Ican say that cannot retire from this po
rton without Offering my sincere thanks 10 Judre To
pron and other judges Of the city Of New YORK; aid
ing me the srduous discharge Of the duty that
placed upon 10 ferret ou. the perpetrators OF tho hor
nbIe deed which We have been investigating. thank
them snsereIy. II shows one feature, aud that
10, thank eed. that surrounded BY good
men In high position. who will come 10 the rescue
whenever necessary order 10 save the people from
thanks Captain Dnks of ins Fifteenth ssason Tor
MS energy throughout be whoe proceedings In this case
being always not only 10 further the object had
in ny mnj out TO further grsa, interests Of the oom-
munity by bis and attention, and every cxeytion
upon mis- par. which he has sven 70 The case. Also
the period Of the inquest, Q faithful, hoBest,
upright member OF the constaoulsry Having done my
duty, gentlemen, leave the rest with the jury. VII
here that have book With The leaves turned down
Of the av upon such cases and any time during your
investigation you may deem the asssance OF the Oovo
ner necessary, shall be glad 10 communicate with yoa
". suArter 10 Eve O'Clock when the jury wen,
out and during their absence considerable excltemsnt
prevailed In the where the inquest held upon
what would be the rendition Of the Jury
lniormsou vas here given TO the Coroner that the
witness wss present who m~ Farrell standing The
stoop Of tue house
coroasrI wsh 10 snsOunce 70 you, gentle msn-par,
cuisry OF ire press-ths the gentlemen has arrived here
Who will testify 70 the jury that he the wines
Farrell siune on the steps the night Of the murdsr.
Captain Inlks-Hs name Ia I'D. Q. Walter, si Horailo
/ street"
TIE witness ccaducted up stairs to the Jury, and
svorn and examined BY them out reporters wers ID
| mitted.
porterp' table and the witness that he