New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-11

news IRON MEXICO, Wnlcn we prlut IN auOlneT
| column.
The trial Of Mrs. Cunningham urdell for the
murder of Dr. Harvey Burdell resulted, Satur-
day evening as everybody for days had known it
must result, in verdict Of acquittal. In fact,
since the close Of the first days testimony, there
has virtually been nobody on trial but the District
Attorney, whom the public have adjudged guilty
without leaving their seats. His opening harangue
would have been utterly inexcuSable in the public
prosecutor of the Marchioness de Brnvilliers the
dramatic Lucretia Borgia, or any other wholesale
murderer whom History has pilloried for the abhOr
renee of generations; but such an abusive opening
with such fimsy case behind it, we trust, for the
honor of the legal profession, never before made
in any other than political prosecution where the
kings instrument bad orders to procure cOnyic-
ton at all hazards. That opening, with some Of
the proceedings before Coroner DOgberry, and the
finding Of the Grand Jury, had led us to anticipate
at least plausible case for the prOsecution-one
on which reputable lawyer might conscientousy
ask jury for conviction; but how any attorney
who had Numbered into position Of responsibility
and official trust could have pressed for verdict
of guilty ON such evidence, We cannot imagine. 1t
seems to us clear that the prosecution should have
thrown up the case at the close of its testimony,
frankly admitting that it had not been able to adj
duce such evidence would justify it in asking for
a verdict.
The public has reason to be dissatisfied with the
Developments Of this trial. Dr. Blaisdell would
seem to have been one of the last persons known
as in communication with DIR. Burdell and they
two are understood to have had an appointment for
further meeting at nine o'clock of that fatal
evening. Why was not Blaisdel put on the stand
and allowed to explain his relations with DR.. Bur-
dell, and the causes Off knOwn) of the failure of
their appointment Dr. Blaisdel, it appears, was
in Court during the trial. expecting and desiring to
be called; who can say why he was not 1t is the
duty of the public prosecutor in such case not to
present the dark side Of the matter only but to
deavor to elicit the whole truth; and it is hardly
possible that DIR. Baisdell's testimony should not
have cast some light on the BOndst. tragedy. Does
any one believe it impossible to ascertain where
DR.. BuIdell spent the last evening of his mortal
career? Have the energies Of our Police been d.
why not Why was Snodgrass held to bail in the
sum of $4,000 for his appearance as witness for
the prosecution, and then called on that side
Mr. Hall stated to the Court that the English
practice requires the prosecutor to call every wit
ness whose name has been indorsed by him on the
indictments hut that the practice here Is different.
Then We must say that the English way seems
decidedly the more consistent with the dictates of
justice and fair play.
As to Mrs. Cunningham or Burdell, we do not
hesitate TO say that she has been treated with great
harsbness not only by the ministers of justice but
by the Press-unintentiOnal no doubt but none the
| less real. BY whose cunning and address the
finger of suspicion was first pointed toward her, we
| do not know: when that point is ascertsned, we
may be able to give guess at the name of the real
| culprt. From the moment that Dogberry took
| into his sage Uranium the notion of her guilt she
has been dealt with as though no treatment could
be bad enough for her. The proceedings before the
| Coroner, the indecent examination Of her person,
the opening of the District-AttOrney, were all of
| piece. Yet il would be difficult now to Indicate
a single plausible reason for the mountain of suspi
cion and odium heaped upon her. That she had
trusted unduly to Dr. Burde's promises, and after
ward compelled him to fulfil them-that he soon
| proved unfaithful 10 her-tbat quarrels and high
temper naturally ensued, and that he wished to be
rid of her-sO much is plain; but that she was ever
improperly intimate with Eckel or that her daugh-
tiers were not respectfully trained and virtuous
there is no reason to assert. That she was mar.
RED to DR.. Burde, and that their subsequent diff
ferences grew out of his nfdehty TO the obligations
thus reluctantly assumed, We have no manner of
doubt; and we believe this will be legally demon.
strated to the satisfaction Of the public. At all
events her connection with the deceased has in.
yoved her in web Of difficulties and trials from
which few women would have lived 70 be ex-
| tricated.
| 1t remains only 10 be noted that Messrs Clinton
and Dean conducted the defense with signal
ability and discretion and that Judge Davies de.
serves something more than the matter f-course
credit Of knowing bis duty and doing it without
far or favor. BY his capacity, suavity and read
ness, the City was sayed the cost and all parties
the loss Of ut least one weeks extra time-lonp
trials having become chronic in this locality. In
this instance, We cannot perceive tina. even an
| hour was wasted.
L