The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-08

ceedings yesterday, both at the inquest and at the
Court of Common Pleas, were Of the most inte-
resting character. At the commencement, Of the
session of the inquest the Misses Cunningham
were examined. They swear positively that they
both slept with their mother on the night of the
murder One swears that she witnessed the
marriage of her mother and Doctor Burdell.
They heard no noise on the night of the murder,
and describe the position Of affairs the next day
in substar tally the same terms Is other witnesses
The two sons Of Mrs. Cunningham, of the age of
nine and ten years respectively, were also exa-
mined. Their evidence is of no particular
moment. One was so distressed by the novelty
| Of his position that he set up tremendous howl
| ing, and his examination was stopped. The girls
were rather fppant in their replies, and Miss
Helen evidently looked upon the affair as a very
God joke. Altogether, however, their testimony
Is If no great value. If they know anything about
he murder they evidently intend to keep it to
themselves. DR. Blasdell was again examined.
He testified thai Burden made will just before
be murder, leaving all his property to his blood
reations. This testimony is corroborated by that
Of one II ihe relatives, witness from the birth
place o. the Doctor. which he visited in Deem
Der. Oar readers are aware that no will has
been found, and that several witnesses testify
that Burdell frequently complained that his pri.
vate papers were ransacked by Mrs. Cunningham.
Mr.. Mcguire, q cousin of Burdell's, identifies the
revolving pistol found in Mrs Cunninghams
drawer as the property of Burdell. Mrs. STAINS.
bury swears that on the day of the murder she
closed an agreement with Burdell for the lease
OF the house on and after the first of May next
that the papers were to be signed on the next
day and that Mrs. Cunningham listened upon
the stairs to the conversation between the
Doctor and the tenant in expectancy Mrs.
Cunningham heard also the conversation be-
tween Burdell and Blaisdell on the day of the
murder, when the former requested the latter to
come and live with him, because he feared foul
play at the hands of persons in the house.
All these facts 60 to show that Mrs. Cunning
ham had motive to injure Burdel, and there is
no evidence yet to show that any one else had
motive. One of our contemporaries yesterday
enters into an elaborate argument to show that
the murder might have been done by some person
from without the house, the premises to sustain |
that hypothesis being that some person whom the |
Doctor had caused to be committed to prison had |
threatened his life, and that the lock upon the |
front hall door was an ordinary night latch, |
which might have been opened with any key.
In another part Of the same paper may be found
the testimony of DIR. Blaisdell, who says that the
man referred to is still in prison, and that Of the
mechanic who put upon the door patent bur.
glar proof lock, the key to which cannot be
counterfeited.
No, with the evidence so far adduced, it is i'm
possible to resist the conclusion that the murder
was done by some persons from within the house |
persons resident there, or introduced for the |
purpose 10y the residents Where is this mystic |
rous man who swore to take the life OF Burdell? |
He was notorious rogue, well known to the po-
lice Were he now in the city, or at liberty, the
police would produce him. But he isynot at
hand, and the only evidence we have points to |
he people in the house, because they were on |
The spot, and they are the only persons known to
be on bad terms with the deceased during bis |
life, and TO have direct pecuniary interest in |
his death. Any other theory except that which |
We have raised is altogether untenable because |
there is not the slightest evidence to support it,
We do not say that Mr.. Cunningham is guilty. |
The evidence is too fragmentary and incomplete |
TO make out a case against her. We are not pre- |
pared 10 believe that she is entirely innocent |
There are too many circumstances against her to |
warrant such an assertion. She must await the |
result.
A new phase was given to the matter yester-
day, when Mrs. Cunningham, Mr.. Eckel Mr. |
Snodgrass aud the Misses Cunningham were
brought before the Court Of Common Pleas on
writs OF haJeds corpus. II was held by the counsel
for the parties that they were illegally detained
in custody by the Coroner The Court, Judges
Brady and Ingraham, discharged the Misses Gun
ningbam and Mr.. Snodgass The Coroner was
allowed to amend his commitments in the cases
Of Eckel aud Mrs. Cunningham, 50 far rs 10
place them In the position OF accompliees In the
murder, when the Court ordered Mr.. Eckel into
the custody Of the Warden of the city prison
Mrs Cunningham, by the same order was returned
10 the hands Of the Coroner, and she is now inn
prisoned in her own house awaiting the verdict
Of the jury which viii undoubtedly hand her aud
Mr.. Eckel over TO the Grand Inquest for the
county.
This turn Of Affairs was not unexpected. The
seal OF the common law IL now placed upon the
lips Of Mrs Cunningham and Mr.. Eckel. They
cannot he required TO reply to the questions of
the Coroner and this, we presume, was all tia, |
their counsel hoped 10 gain by suing out the |
writs The inquest, now that it, probable re-
suit has been 20 far anticipated will undoubtedly
be soon brought TO a close.
TIE Position OF Affairs In Nicaragua. |