The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1857-05-21
THE AcouirfAt OF Mrs. CUNN.NaiiAaa.RE.
tEksE or ECKEt.


mentioned by telegraph. The effort Of her
counsel was forcible and eloquent. Mr..
Hall, tho prosecuting, attorney, followed
for the prosecution, and reviewed the whole
testimony in close and critical manner,
and declaring the prisoner guilty of tho
murder We quote the following point of
his argument:
There is nobody who knows where he
spent that night, aud it was but fair to the
honorable gentleman who boro the the bur-
den Of the defence, rs well as TO the prose.
cution, 10 believe his whereabouts were not
known. Eckel's clock was up there; was
it going perhaps not. She was the clock :;
she told Hannah, the cook, to 90 to bed, as
was it near 10 o'clock she told the daugl-
tcrs tho hour; she told the boys the hour,
and the inference is that she caused that
clock to be set to one hour earlier that
night. The doctor generally came in about
ten O'clock; all were in bed; Eckcl to his
room, Snodyrass to his, the little bows, the
little girls then in bed, all were out of the
way when the victim came in he took off
his shoes and folded his shawl and put down
Lis cap.
None, then, but this woman could have
come in without exciting remark; or per-
haps she opened the door, which he perhaps
had not carefully locked, and throwing the
handkerchief over the Adams apple, drag
ged him back with the right hand, while
the stab was inflicted with the left; and
the strong man would have the purchase of
his arm, but it was the weak hand of wo-
man there, and lie ran to the door, followed
the by fiend. lie saw those eyes glaring on
him, and the carving knife plunged in his
neck she was as tall as Judge Dean, who
was as tall as Doctor BurleIl; and even
shorter woman than she is could have i'll
flicted this blow. lie (he district Attorney
when he first saw it said it was a lcfted-
handed blow DR.. Francis first thought so,
DIR. Woodward said SO, and DIR. Uhl did
not commit himself, but spite of all physi-
cions have said, there was the situation of
the door, and the jet of blood on the wall
to be looked to, and turning like stag ut
,Eay, the iefl-handed blow was struck in
side.
l. will state, gentlemen, thai you must
look ut this case with reference to the pris-
oner at the bar, whether the hypothesis is
sustained, SO rs to exclude the idea that this
death could have been caused by any other
person. In reference TO this rule of evil
'dence, will quote an old and well known
authority: 'The case must be such us TO
exclude to 4 moral certainty every other
hypothesis but that of the guilt of the par
ty accused. In cases Of doubt, it is safer
t. acquit than to condemn Gentlemen,
have now discharged the duty which the
law imposes upon ME in this most painful
and exciting trial. I think that you will
bear me witness that have exhibited no
other motive than to elic!! Tie truth and the
whole truth, and to aid in placing before
you any facts which could avail you in
solving this great crime. My duty is now
ended, and you have to retire to your room,
calmly to deliberate and decide on the fate
of this unhappy woman at the bar Meet
your whole duty like men, feeling your
deep responsibilities and the soIemnites of
your oaths. 70 your decision I now com
unit the fate Of this unfortunate woman and
the future OF herself and her family. While
you deal justly by her, it is your privilege
also to deal mercfully; for, as have be-
fore remarked, if you have any reasonable
doubt of her guilt, that doubt is to be cast
into the scale in her favor. and entities her
to your verdict of acquittal. If on the con-
trary, on a review of the the whole case.
you deem the charge contained in the in
dictrnent proven, it is your duty to your
country and your God to say so, though it
be with anguish of heart, and may cause
deep shame and sorrow to others. But if
in this final reviewing you are not satisfied
of her guilt, pronounce a,yerdict Of acquit-
tal, and let the accused 60 free.
Tho jury retired precisely att O'clock
All eyes were directed after them rs they
defiled behind the Judges chair OH their
way to the Jury room.
At twenty-five minutes to S o'clock tile
buz went round that the jury had agreed
and were entering the court. The Jury en-
tered and took their seats in the box. A
painful, profound stiffness reigned through
sont the court. The Clerk (Mr. Henry Van
dervoort took his posision on the witness
chair, to call over tho names of the Jurors
and to put thc2usual formal questions to
them. n
Mr.. Vandervoot ent1emcn of the jury,
have you agreed to your verdict9
The Foreman-We have.
Mr.. Tandervoot-Jurors, look upon the
prisoner; prisoner, look upon the jurors
How say yoH. gentlemen, do you find I'm
ma Augusta Cunningham, otherwise called
Burdell. guiltyIor not guiltya
The Foreman-Not guilty.
Mrs. Cuifningham was so agtatcd that
fshe heard not the words that the foreman
uttered, and did not know what the verdict
was Till her tcoansel whispered it to her;
then she sank back oyerpowered by her
feelings.
Mrs.. Cunningham and her daughters
were then conducted out of Court into one
of the Judges chambers, and there for some
time received the. congratulations of their
friends. on. the happy termination of the
prosecution. We understand that they re.
turned 10 ihe fatal house insBond street.
The verdict seemed;to afford very gener-
sal satisfaction.
-Nigktsts tsipeetaelescylNs spectncles 10 see
With su the dssk are suggested by correspon.
don't IN tlIc SitGfc American= They would
be very deshahJs.n he thinks, 'in some situa
tions, to see clearlE when quite dark, when act.