The Washington union., 1857-05-12
THE BURDEIL MURDER-ACQUFIIAL OF MRS.
CUNNINGHAM

CUNNlNGHAM,
We give the following extracts from the New York
Herald's summing up OF the evidence in this case
The two daughters of Mrs. Cunningham testified to
the fact Of their having slept with their mother the night
of the murder of their having been engaged in
ton for time after they retired of their having
heard noise noticed disageeabe SMELL and having
had knowledge of their mother leaving them during
the night The truth Of their story virtually
ceded by the fact of their not having been subjected TO
crossexamnation. Young Snodgrass and little George
Cunningham also spoke of their having noticed nothing
particular about the house that night although their bed
door in the attic open Snodgass denied that he
had heard threats uttered against Dr. Bude by any of
the family.
"Dr Roberts, dentist in Bond street, intimate
with the family and testified TO the apparently anicabe
relations that existed between Mrs Cunningham and Dr.
Burdel He had them together several times in pr
yae houses often in the street. and in place of
He Of the rst sent for the discov
cry Of the murder and he found the defendant aated
and helpless that he and Others had to lift her into bed
He had often noticed the street door of 81 Bond street
unlatched after the latch had been put on He
asked his knowledge of the that other persons
inmates of the house. had night keys of it and the
prosecution admitted that such the in respect TO
two persons.
''Dr Catlins testimony is of great moral weight in
reference to the question whether Mrs Cunningham her
self could have perpetrated the act All the medical gem
temen examined agree the point that Of the
wounds inflicted required great exerton of physical
force. This gentleman has been Mrs Cunnnghams
family physician for long time and proves that for the
last two three years she has been affected with rheu
matsm 30 such degree to weaken very much the
joints of her and hands, particularly her right
sit will be recolected that the witness whom the
prosecution rested in regard the origin the dis
agreeable odor in Bond street the night of the murder
DIR. Parmley. This gentlemans nephew, Enick
Parmey examined for the defence and proved that
his uncle told him he had noticed the smell between
and 10 o'clock that night.
The odor itself accounted for pretty satisfactorily
by DR. Daniel b smith, residing 35 Bond street He had
been for length of time engaged in making chemical
perments and had been accustomed to use wooen
pieces of leather and other odds and ends in his abor
tory On this particular night he had gathered up all
that about and put them in stove where there
fire of anthracite coal His subsantiated his testi
mony So that strange peculiar odor disappears from
among the mysteries of this mysterious
Then there quite crowd of witnesses examined
some in respect to the friendly and sometimes loving
which appeared to exist between the murdered
and her who is trial for his murder, and in
spect to matters of trivial Importance in themselves but
tending to dsspate many of the shadows of suspicion that
darkened the Another Mr., Smth-the fifth of that
examined yesterday gave evidence to the
facility with which the house 81 Bond street could have
been entered from the There little
examination of the witnesses for the defence
The defence rested their the close of this last
named wtness's examination and the court adjourned
for the day -
When the court reassembled Saturday the court
room crowed to sutfocation Mr. Edwards, for the
prosecution having stated the points Of law Judge Dean
counsel for the defence made his opening address to the
jury We make the following extract from the body of
his remarks:
The fact that scandal furnished to the press, and
the facts connected with the case show that while there
a midnight assassin while there was a hand which
aimed these blows, and while that hand is probably
known to none still the invisible hand has been
outside directing the prosecution abcating the evidence
and managing to divert attention. and say that that
hand invisible to should not at any rate be invisible
to the prosecutor. We have a right you have right,
the public have right to these the stand,
and let them tell of their whereabouts the fatal
night. / return to my first proposition. Although
wrong has been committed in the homicide OF DIR.
Burdell, greater wrong has been committed on the
family of the accused Oh if the assassin that night,
after having bathed his dagger hungry for the blood
of victim, had in the darkness crept up stairs and
had wetted it in the blood of John J. Ecke and if he
had gone to the attic and had used it for the pur
poses the person of Snods and the other two boys
sleeping by his side and then had gaed his thirst for
blood by pointing it, after another at the hearts of
this and her two innocent daughters the crime
would have been nothing like that which has now
been perpetrated They would have died. The struggle
would have been the pain would have been past
Instead of that where they What has been done
to them That which your verdict cannot repair. ALI
their hopes blasted. They look forward to
bright future From the hour that that avalanche fell
upon them they have been tortured and although you
may, without leaving your seats to-day as know you
WILL acquit her. and although this crowd which is here
to-day should follow her to her residence 81 Bond street
not her homo but the tomb Of her still say it
would have been fortunate for her. and for her innocent
children if the assassin had not been satisfied with the
blood of one victim on that night.
1--WE accepted the gauntlet thrown down by the dis
rct attorney in this He asked prove that
did do this crime and proved it. 1t Is proper for
me to say that leading fact which very much
discussed in the public papers and in private
ton is admitted to be proven by the prosecution and
not conradicted by the testimony of single witness
namely that the prisoner the lawful wife of DIR.
BurdeL"
Judge Dean at the end of two hours, concluded his
able speech, as follows:
II call upon you, sir, Judge and q father, be-
fore you were father, and father before you
Judge uphold the judicial ermine by nsructing this
jury to acqut the prisoner and you gentlemen of the
Jury for the sake of these daughters, whose al afec
ton you have witnessed TO take up the voice of the peo
pie and say only she is not guilty but that she is
ely nnoent and although the populace may take her
back to her living tomb yet you it to her and the
community 20 acqu her without leaving your seats "
Mr. Hail. the prosecuting attorney, followed He re-
viewed the testimony critically declaring the prisoner
guilty of murder. After aluding TO the manner in
which the accused had arranged her household Mr. Hall
said
None then but this woman could have come in
without exciting remark perhaps she opened the
door which he perhaps had carefully locked and throw
ing the handkerchief the Adams apple, dragged
him back with tho right hand, while the stab was in
icted with the left and the strong man would have the
purchase of his arm but the weak hand Of
there and he ran TO the door followed by the end He
saw those eyes garing him. and the carving knife