The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-08


That they sbcud revile che a ss paturai. La
the religious press, thea GO or rascss it, uegh
bors and ielow.creatures; but If DR.. d aedeche ID
or opy other OF the clergy, ttioS TO reform Oh.
stage, Lee them begin, and show tLeir comp ,teecy
TO the work by hrst reforlang themselves. When
the relgioos class become good aud virtu, us the
exowple will be go contagious that all Other
classes ~iu take tie iafectior, eud virtde wilt
teonme sn epidemic; but a. long as K.lto ,hs aad
Avprys and Oncerdonks exist we are ia 90 dan
ger Of that terrible ep'deuio of virtue among the
clergy OF laity. or even the sinners of the stage
The Bond street Murdsr-The Defence.
The conueel for the people in the prosecution
of Mrs Emma Augusta Cunningham alias Bur.
dell, for the murder of DR.. Harvey Burdell,
closed yesterday afternoon, after examining some
dozen witnesses In addition TO those whose testl-
mony had heretofore been given. Coroner Con-
merry was On the stand for the purpose Of idsnti-
flying the written dispositions of Mrs Cunning
ham al the inquoet; and advantage WAS taken of
that fact, by her counsel subjectng him 70 an ex-
nded cross-examinstien- The learned Judge
however, restrained the slightest deviation from
the strict legal limits Of tho csse and therefore,
however readable the report Of the Corocers tes-
t;mopy IT, there was nothing in II Of any impor-
lance TO either side.
The object sought TO be attained by the EVIL
dence of the other witnesses was TO strengthen
these points of the prosecution, namely, the oh.
servance Of an unusual light ia the house 81
Bond street the night Of the murder, and the
fact of Mrs Cunnng being left-handed
| woman.
The only witnesses that threw any light on the
first point were, Mr.. Froderioks, who lives In
Blocker street, and occupies q room command
ing view Of the resrs of Nos 20 and 81 Bond
street, and who observed, about half past IL on
the fatal night, q giancing Light from one Of
these opposite houses, like the reflection that
might be cast from the motion Of q polished
rocking chair; and Mr.. and Mrs Schwartz.
weldes, who occupy the house No. 20 Bond
street. and Who testify that there was ouly
faint light In their room at that tme-the neoes-
cary deduction being that the Light observed by
| Mr.. Fredericks was from the room Of the muir
dered man Neither Of the occupants Of No. 20
Bond street heard any unusual noise that night,
although their room was the pattern one of DR..
Budell's, though the door was open and the lady
lay awake till IL O'Clock waiting for the return of
her husband; and her cross examination showed
this remarkable fact, that when experiments were
being subsequently made, without her knowledge,
| as TO the transmission Of sound from DR.. Bur
dell's room, abe heard distinctly in her basement
the cry and the falling body resorted to a. tests
| As TO Mrs Cunningbam's left hsndedness, two
matrons Of the city prison testified to her sewing
with her left hand; but even though thai we're es-
tsbllshed, IL could not now be o. much use to the
prosecution, in view Of the inability Of the ply
siciaDs to form any definite opinion a. to who
Their the blows were inflicted by q left handed
person. Finally, the prosecution produced Me-
Mcguire to identify pistol cold by him to Dr..
Burdell (merely for the purpose Of basing an ar
gumcnt upon); and the defence awaited them
selves Of this witness to show that the deceased
with the witness himself
The prosecution rested here. Counsel for the
defence moved to dismiss tho charge, on tho
ground Of Its being entirely unsustsined BY evi.
dence. Tho motion was denied aud 10 we're two
subsequent motions to the same end. based, oce
on the point that tie prosecution Gid not, as Il
was bound to do, produce as witnesses tho othor
persons In the house, TO Wit, the Mlsres Cunniog-
ham, Sroderass and Eckel; srd the other on the
ground that the court was not properly oousti-
tuted, inasnuch cs the charter Of 1853 rcqulred
two Aldermen 10 be associated with Judge 10
the Court Of Oyer ard Termlner 1t Is difficult
TO reconcile the motion To dismiss the indictment
as being improved, with the other motion as to
the constitution Of the court Ii the first were
well founded, The second was q mere lawyers
bubble, resort to which could only be preJudl-
cial
| In the opening Of the case for che defence tho
ground was taken that tho murder was committed
not by any Of the inmates Of the house, but by
come OF the relatives or acqusiDtances OF Dr.
Burdell, with mott or all Of whom no had been on
hostile terms; and the accused party was. pretty
plainly indicated
Three or four Witnesses were examined for the
defence. Rev. Luther Eecchor, Of ssratozs
Springs, il the principal OF the school where Mrs
Cunningham's third daughter (Georgians) Is, aud
he ard his brother proved Ii fact Of the payment
for Georeianas term, In December, b. Dr.. Bor-
dell's draft on the Artisans Bank. This Is not
material in legal point OF view, however II may
90 to fortiiy Mrs Cunninghams allegation Of
marriage.
Surgeon Csrnochsn gave some very important
testimony, bearing upon the force With which
come Of the wounds we're inflicted, the question
whether they were inflicted By lefthas,dod OF
right handed person Che ssye by q dshthlDded
person., as to the LIKELIHOOD Of the as,llant
bearing marks on his person, add as to the
greater probability OF that betls so II the assai,-
ant wero woman Tho poln, Of greatest impo,-
tapoe. however In DR. Cernocian's ted. mony Ia