New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-11
THE MURDER OF DR.. BURDELL.
Trial of Mrs. Emma 4. Cunningham
HER ACQUITTAL.
Charge Of the Judge.
ECKEL IL e L E A y T. D.
s,xrH AND LAST DAYS PROCEEDINGS.
co,nrov OYER AND rERnrNER-N.y s-Beso,e J.ds.

COURT OF O1Eh AM -
In few criminal cases during the sst twenty years
ha. the pubic feeling been so intensely wrought up a.
upon the trial Of Mr.. Cunningham for the muruer VI
Or. Burdel. The standing Of the murdered man
in the conn unity, and that OF the accused par
ties; the quiet but pubic character OF the street
in which the murder was committed; the mystery
attending the crime; the circumstances which, from
the testimony ehcted before the COroners jury,
seemed to them a well founded suspicion against the
inmates Of the house the perpetrators OF the cme
and following that verdict and the indictment the fact
tina. some of the most important witnesses were found
TO be Of character far from beyond reproach together
with reaction in public opinion TO certais extent as
regards the guilt of the accused have all tended TO
increase the mystery that surrounded the crime.
The spacious courtroom has been crowded 10 its
utmost since the trial commenced, and hundreds OF
citizens have been compelled to leave the building
without being able to approach the threshold oil the
courtroom
The announcement that the evidence was closed,
and that the counsel would sum up the case on Satur
day. heightened the interest i'll the tria and the de-
mand for places within the court room at O'Clock THIS
morning wa. tenfold greater than the accommoda-
tons of the place. BY o'clock nearly three hundred
ladies were seated within the room where the sum-
ming up was to take place. Mrs. Cunningham her
daughters her two little sons Mr. Eckel, Mr.. Snod-
grass and other parties whose names have figured so
conspicuously since the murder the various counsel
Mr. Hail. the District Attorney and Mr. Cushing, the
General Mr.. Edwards counsel of the Bur
dell family in behalf of the prosecution; hr. Clinton,
exJudge Dean Mr. Thayer and Mr. R0meyn, counsei
for the defense all present. Judge Emot OF the
Supreme Court and the Hon. Josiah Quincy, Jr., OF
Boston, were seated during portion oil the morning
by the side of Judge Davies. During the pendency
Of the argument the audience was unusually quiet and
silent for SO large an assembly and the greatest at
tenton was psd to the words of the counsel.
Alta few moments past 9 o'clock Judge Davies took
his seat and soon aferward Mr.. Edwards said that he
had prepared number of points on behalf of the
prosecution in accordance with the suggestion of the
prisoners counsel the night before, which he pro
ceeded TO read These points eleven in number, went
over the general theory of the government and stated
the facts which went to fix the guilt upon the accused
E1-Judge Dean then made the first argument on be-
half of Mrs. Cunningham. He contrasted the posi-
tons assumed by the Distrct-Attoney in his opening
with those which had been sustained by the proof and
animadverted severely upon the conduct OF Mr. Han
in prejudging and seeking to make the jury pre)udge
the case and upon the manner in which the prosecu-
ton had in other respects been conducted. Why had
they not called Mrs Dimis Hubbard-Dr. Burdells
mistress-Dr. Alvah Baisdel, Farrell, and so on
Why had they not shown where the murdered man
spent his last evening Such omissions were singular,
to saw the least; they seemed in conjunction with
the whole course of the Government, to show that
an invisible hand was behind the scenes conduct
ing the prosecution-the hand of the real murder
er, who was leading suspicion away from him
win
in order to screen the guilty. Judge Dean
could not conceive of a man-be he gambler and
brothel.keeper-so depraved as not to come forward
and tell what he knew about DR.. Burdes whereabouts
that evening, unless il his interest to keep it
all a secret Judge Dean made fun of Dr. Parmly and
his dog and quoted twice orthree times the hymn that
Miss Helen Cunningham sung Sunday week after the
murder. In conclusion, Judge Dean called upon the
Judge az the successor of Kent-as son before
he was a father and father before he was Judge
TO vndicate nstice and protect this lady" and upon
the Jurors to take up the voice Of the entire people and
saw not only that she il not guilty, but fully in
nocent They owed it TO her family to the community,
10 themselves to do this without leaving their seats.
Judge Dean spoke about two hours and a-half. Dur
ing some of the eloquent passages, several of the
Jurors were fearful Mrs. Cunningham was apparently
much affected and the young ladies sobbed violently
District Attorney Hall followed in a speech some
what longer than Judge Deans. He went over the
whole grounds Of the case. The motive for the &C
cused to commit the crime was a compound one-the
elements being revenge jealousy, and avarice. The
first wa proved by the wrongs which she supposed
herself TO have suffered at his hands and had laid up
against him. and by the threats uttered from time to
time up to the very last Friday. The second was
seen in her relations with Eckel in her hunting and
haunting DR.. Burdell in the house whether she was
married to him not, And the third syarce, showed
itself in her constant talk about the house; property,
property, property, the burden Of her thoughts
She MUST own No. 81 Bond street. Each of these
facts taken singy might not be very strong but to-
gether they formed chain of motive that could not be
broken. and showed how what il at first slight lapse
from virtue grows TO conceive and then to perpetrate
a crime. How carefully she prepares for the deed
Sending the cook TO bed making sure that Mr. Ullman
would not be at home discovering the hour at which
the intended victim would return. The deed was done
earlier than has been supposed. There no clock
in tile house that night but Eckels, which upon
her mantel-piece and which, far is proved, was
not going. Every one got the time from her. She
the clock. Judging from the time Snodgrass was
oct, and the way in which his time was afterward
spent from all the circumstances in the case 10
O'Clock at the latest when they retired instead Of H.
That TALES with the hour at which the light and the
odor were perceived by DIR. Parmley. How
was the deed done He had lit his gas taken
of his hat, shawl and shoes and seated MN
self at the desk. She who alone had Abundance 10
the room enters not in that dress 80 much in''''eu
upon but in her night-dressi she, perhaps "yms