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

CouTt
me District Asovnsy-7nas b Just szAcs,y what We Do
Judge Daves-N counsel Tor defence ear show me any
maseriality m trying the Ocvooers impropstety o. pro
Counsel for defsnce-Our object Is 70 show two thnss
nrs that th man was totally Incompetent 70 condoc. .ne
examination, and that therefore Whatever be has waen
should have no erect whatever The tury and m NE
next place. that his feelings biassed that there
dependence To be placed On what be has written.
has written, but as TO his general oonducs IL hai invest
cation shal as at present advised exclude evidence 90
not think We have anything 70 do With here.
gone before the pubic.
Judge pavies-we not trying the impressions Of the
Counsel for defenceYoUr honor knows thai !. - I'm
possible to exclude the prejod1s imbibed from the morn
ing newspapers - II 70 exosAs niasms we have gos.
contend against We want 70 show the jury the genera
manner in which the inquest was conducted.
Judge Davies-The moment you would go INTO tnsa
would have to permit the Coroner 20 into his defence
and then would have to try that issue excluded an
irrelevant issue early in the case and think properly en-
cloded H.
Examination rerumed-Q. About what time Of day was
that Mrs. Burdell came down stars9 A. Sometime
the afternoon probably between and O'Clock; 60 nS
@ Did she not tell yos that she did not q. the nonen.
remember ,he Of the minister who married her, but
ION to 60 for It, and do you not refuse PERMISSION a.
No. sir did not refuses bat she said she had her cernn
cate; on the contrary her certificate was produced
frat N let her produce III No, sir.
Q Where did che get p A. ] CO not n 0w.
O. Did she mot leave and 60 up stairs and get before
the deposition signed9 A. do know whether she
sent up for it or went think she SENT TO the best Of my
Counsel called on the District Attorney for the marriage
certificate Of Mrs. Cunningham and Dr. Bm dell referred 70
IN her depositons was produced. We have puphned
Counsel to witness-Look this certificate and SEQ
say positively it is; gave TO the District Attorney
Paper marked by the Judged
me Attorney Genera-You do not understand to ad
init that that certificate Is any fac1
Judge Davies-No il is paper in the case; part
that deposition; is part Of her statement.
THE marriage certificate was handed 10 the jury of In
spection.l
DISCRIMINATION continued-o Did you, Drior 70 the
examination, tell Mrs. Burdell that you wanted her TO
give you her confidence, and you would protect herf
her confidence D"
Counsel.Yes; did you say that 70 herr A. said
@ Did you tell her you would do everything in her
| INTEREST," A. meant in every arrangement about the
| house.
@ Iask you what you told her, not what you meant
Did you cay you would do everything for her INTEREST,"
sad would do Everything 70 make her comfortable IN
the house which did, but not that would DO everything
O. Did she not tell You during this depo.ition undcr
n om the the Dr.
Marvines A She may have said 30; but do not reco
O. wha. do you mean by saying in this deposition thai
the certificate given rsh of October, 1867
suppose because she gave h N testimony. 1904
Dnvtce-W ceruDCaeY
CounseThe 29,h Of October, certifying that they were
married on the 18th.
Q And she gave tina. as part of her testimony thai
occasion that she married TO DR.. Burdel the murder
ed manY A. II was volunteer thing on her own part II
had nothing to do with the murder at all.
@ Was part Of her statement on that occasiOuf A.
Judge Daviee-Anewer he question.
wnpes-She said
q. Under oath2 A. Yes
q. Did she tell you, and was part Of her statement,
that the marriage 70 be kept secret u spring or Junef
A do nf4v larsn hp0 Of fhok nd
q Was there no statement IKE that made there7 A.
There was ouch testimony given By somebody suose-
Judge Davies TO wiine~}-ouiy state whai she sad.
wtness-I do not reconcct, your honor.
Are yon accustomed Coroner oonnery, 70 taxing te
Q. In what courts have you tab testimony A. have
taken testimony when was connected with the press In
Ireland.
@ Az member Of The court or a reporter A. As
/ reporter.
O. DO you take short hand notes7 A. No cir.
@ This not taken geographically was ip A. You
have as took i; waited for every answer and took
down.
O. Ycu did not put down The quesbon IN wringf A. No
l SIR the answers only.
Subsequently questions and answers were put down,
they not, for other Witnesses A. only took The
answers at any time TO the best Of my memory.
@ You filed these papers awayf A. fled each one Of
o see that this is marked hrsrdayD and then marked
'second day. aiso, which is truea A. think must have
been the first day.
Q. Look at that endorsement, t'seoond day.r) A. I
should imagine that that Is mistake; that In the
writing Of the clerk think he writes very IKE (after
snoher LOOK AZ IN 10 the hes, on NV kpowese thai NV
hardwy,trg ~
Q Can You give. any reason why q WINS marked
second dayr' can give no reson
| ed The nrst day, ] believe
Won cannot Five anv yeason ubv "a saoond davr IA
urt,en IN the haeLp A 'No ~
O When YOU asked Mrs gurdeu her NAME and she
gave IL 10 YOU as Fmma Augusta harden Aid Won mot ask
~, Sn na 1sSS so YS call
O. ma YOU say this"d 40 YOU do n on the authority OF
his promse 10 marryYi never d,d 10 INV Lnovlesire
O. md she saw In answer 10 ou.s,ion pus nv Won no
was Law fully married and viii Got Tho certificate N Won
xl 10, me9D do MOI recollef ,hal shc ,a,d ebe ws
l gel the certificate
Judve naviasJIa han already sa,d tho y.,,etayce M
| hat
ConnsaI wan, IN shov Tho ;na.,rx.., III ,,,, ..,ar
i nbe written deporitiou1 -
dee Davies ITO wi,bess)po von yecol,ect the xovds
A. do not recolect nnv tnrucuiar ,so,ds mi she sad
-be ould se, the certificate ana I'D ge Il and was no,
preyentad s''S
o. Did Won refuse 70 la her go nj, a., ~, . rnlss she