The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-06
ON-wEDNESDAY, MAY 6,

ected thai at the nrst thanksgiving aer Mrs Cunningham
versaton with her The subject but said her hear
mg-the pooor having gone 70 Brooklyn FOR her TWO
aoshters-" Obi Doctor, where aSe YOUR
The Court here, al O'Clock, took recess for an hour
AFTERNOON SESSION.
me direct examination of Hannah Conan the oook,
resumed the no assembling Of the Court At O'Clock
Tho District Attorney repeated the question rs to wha.
Mrs. Cunningham had said while she was sick at Thanks
witness~"My goodness, Doctor, where were your
Counsel for the defence objected to evidence OF decara
ton SO remote Is Thanksgiving, 1866
Judge Davies thought hardly worth while 70 object
now he had admitted the question before the recess
was taken.
of the evidence. They might a. well make II Was
this evidence be given for the purpose Of showing that
Dr. Burde had produced an abortion on the defendant,
and that therefore she had murdered him year and
half aerwards9 not the object 10 get this before
the jury, legitimate evidence, but to blacken her
character9 If were link In the chain Of evidence TO
show motive then It would be legitimate
Judge Davies--H is on that ground admhit.
Counsel for defence-Are 10 have limit 10 the time
70 which the prosecution may go back3
Judge Daves-Yes think that the period Of these par
ties commencing 70 i've together is very legitimate
limit
Counsel for defence asked the District Attorney to state
what the object of this item Of testimony was.
posed Of that question.
Judge Davies-I have, cir; but counsel has asked
The District Auorney-N not with view to produce
abortion that ask this question do not know that there
abortion. THIS girl stated there miscarriage.
intend prove the domestic relations Of these parties
from their acquaintance down.
Judge Dsv,ss1As long as the testimony has reference
Counsel for defsncs-Thaa motive, then, not limited TO
| the defendant
wMness-Mrs. Cunningham did not say anything to
when she was sick but she said 0h, my, Doctor, where
are you9 went for doctor for her. when came back
DR.. Burdel was with her in the ROOM
| the cause Of her sickness
WNness-No, sir, she did not
Question objected TO and overruled.
O. Did you observe the state Of feeling between Dr. Bur-
dell and Mrs. Cunningham A. They friendly to
fore Mrs. Cunningham cae to the dinner table; did not
know what her sickness was; she handed chamber
water upon Il, and appeared IKE the shape Of ohiid
Counsel for defence asked 70 have this evidence stricken
out, as conficted with his Honor's ruling.
Judge Davies did not consider IT,
O. Did she state whose child was that2
Objection taken and overruled
A. Not at that tme she did at another time; she said
was Dr. Burdes the Doctor at that time took his meals IN
the house, he began 10 do when Mrs Cunningham took
her two or three months; she kept the third story
from the time abe took the house; she occupied
a
ningham; heard often rough words but paid no attention.
when he vexed her very much she said she would be
venged Of him. sbo accused him about ladies very often
they would sometimes have sharp words about ladies
calling; had q conversation with Mrs Cunningham the
afternoon before Dr. Burdell was killed she asked witness
what those ladies looking at told her they look
ing at the dining, room closets and wash tubs; witness
said she Deheved hey were about 70 take the h0uSe Mrs.
Cunningham said, "perhaps he might not live to let tho
house sign the paper either" the Doctor had been
down with those ladies about twenty minutes before;
thinks Of the ladies was Mrs. Sansbury the Doctor
went out that evening about O'clock took no notice
how be dressed witness went 10 bed about 10 O'clock
Mrs. Cunningham bad down 10 the kitchen and told
her about that time; she and Mr.. Ecke down
and told her TO go up TO bed az 1t was near 10 O'Clock did
not stay many minutes after In the kitchen; went up stairs
called at Mrs. Cunningham's room--.hird story front
Mrs. Cunningham Mr. Snodgrass, Mr.. Eckel and her two
daughters there did not stay longer than TO ask
W hat hny Tor hyoa fuat. than want nm
| 70 the atnc room, or q room pcnaoned on IN the
M e ana n %,ss S ny
shs went 70 sleep; that was the last she saw Of Mr.
snods,ass that night; next morning i was she who
boted called Mrs. Cunningham 70 10 breakfast
10 the morning; ahe a,ked her whether Mr. Eckoi had
CunninghAm down shortly aerward, and the whole
family had breakfast; O'Clock when she got
what she saw in the Doctor room ali the family bad
gone up stairs from the breakfast before this wit
Cunningham her two daughters and Mr. snOdsrsss; wit
ness said my God but you're oil enjoying yourselves
Mrs Cunningham asked what that she said and she
repeated the words; she looked very much excited and
snodgrass down stairs, up Immediately and
said THAT'S fact, he Is dead" Mrs Cunningham was
Cunningham say that the Doctor jealous with her and
Mr. Ecke witness asked what the reason Of that as
abe thought she gave her OCCASION Mrs Cunningham
through the keyhole and what b did not like; Mrs.
Cunningham never said anything more about that; this
was little before the murder.
Cross examined-oten saw the Doctor and Mrs. Cum
nngham 20 and back together at nights they
were very friendly together Inst winter and spring and
were prey friendly together all tho summer during the
fall they would be sometimes good terms, and some
times would have dsagreeable words these dsagreeabe
words account OF Mrs. voors cousin of tho
Doctors the best OF her knowledge Mrs Cunningham
had forbidden the Doctor from bringing Mrs Worst to tho
house, said she would not allow him TO fctch the lady
into the house as she was not good woman and would
not allow her into the family Mrs. Cunningham accused
Mr. Woor had gone to The country CO he 4 Of
July and the Doctor wanted 10 fetch her back but Mrs.
Cunningham would not allow H. she never came back 10
the house to live there but she used sometimes 10 Gomez
witness her twice heard she there at other times
OF the occasions when there dispute witness
going the stairs and the Doctor pushed Mrs Gun
nnsham out Of his into the hail. witness asked Mrs
Cunningham what the matter, and she said he wanted
bring Mrs voorss back into the house; this last
fs had heard rough words before, but did not know
what they were about he would not take her bidding;
abe accused him Of ladies' that was the only fault witness
knew her 10 accuse him with; the Saturday night be-
fore he killed thcyi had some rough words about
signing paper or something Of that kind; the time she
menoed her law suit against him, for he bad done her
heavy wrong abe did not before tho Coroner what
she did here that Mrs Cunningham said the Doctor might
not live 10 sign papers Vet The house ether did
into her head I'LL she was put In remembrance OF
mrs sroo " s p Po" ~hn 9 Or four
days past, abe did no, think Of q when she was examined
O. Were you, Mary pcpoeo, (she w,tpcss's fellow ser.
vsnt and the Doctor In the cellar ogether' We
O. For what purpcec' A. want 10 leave that TO Mary;
| she will answer for herself
Judec Davies interrupted this course q examination.
BE would not permit extrinsc testimony 10 be taken.
O. What was done In the oeiarf A. Nothing done, only
/ 10 help me 70 carry Mary up stairs.
O. Had the doctor and Mary Doooho Quarreef
A. never knew them 70 have quarres; they might
have had sharp words about sweeping and raising dust
never heard Mary use any threats towards The doctor
witness used any In that way the day Of the muir
der witness saw Mrs Cunningham between dinner time
and bed time witness went 70 tell her that GIRL Mary
McChnchy had come, and Mrs C. told witness 10 direct
Mary back next morning. Spodgrass told witness
that night that he Gcorgey told his mother that she {v
ness) intoxicated; she was not intoxicated; heard
Helen and Mr. snodgrass up stairs 70 The attic and
bid each osber good night heard Helen 20 down aGain
Helen up In the garrett witness called her
down breakfast and she answered her. with The creep
ton OF rough words abe referred 10 the conduct of Mrs
Cunningham 10 Dr. Burdeii very kind and sociabic
she usually addressed him "Doctor" but sometimes