New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-01

must be i .n,a Arguments in ti, case Tus.day aud
snow 10, only. ~ Thursday must 60 on with
a. parish Will case
Tue '" MIR. CLINTOS'S ARGUMENT.
a.. Clinton proceeded TO open the case for the
o,.mant. lie commenced by congrstusting his client
=, the altered circumstances in which she appear
cd false aud groundless criminal charge had been
swept away entirely: and this supplementary charge.
he believed was about to be swept away in like man
ner. The only question before the Court was simply
this Was the claimant married 10 DIR. Burdeil on tho
2Sth of October last lie would frat call attention To
the witnessesthe direct evidence then he would
demonstrate that Augusta Cunninghams testimony
was not shaken. but rather strengthened, by the evil
dence Of the other side then that the conduct Of the
parties was consistent with the marriage; and finally
that all the facts and circumstances taken together
demonstrate conclusivey the existence Of the mnr-
rage and that there not single fact n the case
going 20 establish the contrary After thus outlining
the case Mr. Clinton went on to Ueak of the direct
evidence, and first OF the complete Identification OF
DR.. Burdells body. The Rev. Mr.. Marvins testi-
mony alone was sufficient to establish the marriage
The circumstances of his identification were CON-
mented upon. The public rumor of a fraudulent mar
rage which WAS preached into the clergyman
the preudices Of the Coroner, and his unfarness in
not having Mr. Ecke present at the Identification jus
tilted him in styling that inquest a "prosecu-
tion." But for the outrageous manner in which
it was conducted, Mrs. Cunningham would
never have been subjected to that criminal
trial from which she came out with honor
TO preoccupy his mind, and had used means which
honorable men ought to blush at to overthrow his os
timony. If they could have got witness to out
Blaisde Baisdell, they would have made MIR. Marvin
describe the Doctors whskers extending t. bis
feet. But they stood sghast at their testimony as
far as it went. Mr.. Marvin was an honest, pure
minded man. and he swore that as soon as he saw
Eckel be was satisfied that DR.. Burdeu was the man
he married This he had stated before the Grand
jury, precisely as he did before the Surrogate. Il
was true that Mr.. Marvin had not the skill OF u" old
Hays in remembering faces, but he had occasion 10
observe Dr. Burdells closely to see il he could detect
daylight" under his whiskers And the fact that ne
did not fully identify the corpse at first sight only
shows his extreme caution and anxiety not to make
mistake. AT that time be did not recognize MIS- Gun
bingham at all because he had not had occasion to
scrptpize her as closely as Dr. Burdel. Taking into
account the changes made by death and the outside
pressure. it was wonder that he was able to lind
even points Of resemblance" as he said he did
Next to Miss Augusta, Mr.. Marvin was the best
he has no doubt whatever that the corpse of Dr.
Burdell was that Of the man he married. 1t was
preposterous to suppose that Mr. Marvins exchange
with DIR. Snodgrass had anything to do with his
formed the moment he Ecke, several days before
that exchange The fact was proved beyond cues
ton that Mrs Cunningham first applied to Dr.
Snodgrass, her old pastor, to perform the marriage
ceremony, and this was very important in the case
The idea that she would apply to him, of all men,
to perform fraudulent ceremony was utterly II M
strOus Every eyewitness OF the marriage except the
German servant girl, who never saw the corpse, iden
tilted the corpse that of the man who was married:
Why was not the servant girl called by the Coroner
Was it because those who conducted that prosecution
were afraid she would testify too much His client
had no voice in the matter. Her counsel were not
permitted to see her. He intended to do all in his
power to aid in that investigation but was not permit
ted to do 80, and washed his hands of all responsibility
in the matter Seeing the relatives of DIR. Bardel and
their counsel present at the inquest he had his
orpio tn W " u
was not called to identify the body. Her testimony
might have been the last link in the chain to fully prove
the marriage. Mr. Clinton next commented on the
witnesses called " impeach Mr. Marvins character.
The first witness to b1acken his character was very
waggishly coal dealer, ex-Alderman VOORHEES,. No
two Of their witnesses against Mr.. Marvin agreed
and they entitled to no more credence than Mr.
Marvin. Dir. Voorhees, feelings by means
friendly toward the claimant and how far his mind
might have been swayed by that other
circumstances they could not determine. lie
proceeded to point out discrepancies and d,s-
greements in the testimony of the wit
nesses called to contradict Mr.. Marvin The evil
dence as to the personal appearance of DR.. Burdel
was next adverted to- Those who knew him well
inclination of the head forward, which gave him the
appearance of stOOpiDg while the Herkimer wit
nesses swOre him straight as almost to make him
lean backward. DR.. Uhl testified that he h-d w.
Glow in speech and STOPPING, ana az ohei 'ln pTh;
ing loud and prompt and csTng Of the witnesses.
eSpalnea sD"e wRskers had been depicted in every
possible shape, but the whisker question was hnaiy
settled by Barr, the barber, who proved that the
Doctor had worn his whiskers four or five months be-
fore his death. On the whole the evidence showed
conclusively that Mr.. Marvus description OF the man
he married tailed exactly with the personal appear
snce of DIR. Burdel Mr.. Marvn's testimony needed
no confirmation and was entirely unassailable. 1t
would be conceded on all hands that Miss Augusta
Cunningham could not be mistaken in the identity of
DR.. Budel, and if her testimony was false she was
guilty of the daboca nfamy of the crime OF perjury
The Court must her to be innocent OF crime
until she was proved guilty, and if she was found
guilty that she must have taken part in the fraudulent
marriage, and they could hardly stop short of finding
her guilty of participating in the murder. This pure
minded girl incapable Of entertaining such helsh
and atrOciOus crimes, from which pirate might
shrink aghast. Were they to assume even that the
mother was capable OF such infamyl Hsd they be-
fore them those whose hearts were such reservoirs OF
guilt? Where, then was the foundation for believing
that this was fraudulent marriage! There was not
shadow of testimony pointing to such a conclusion.
Mr.. Clinton then compared Miss Augustus testimony
before the Coroner and the murder trial, with the
testimony here cOntending that they agreed in all
teral points. Great allowance was to be made for
the exciting circumstances under which her former
ties mony was given. No. 81 Bond street was her
prison. and at the end Of long week OF imprisonment,
surrounded by terrible scenes of brutality her home
besieged by mob afflicted by the death of her step
father shut from the rest Of the world by the pO
lice, treated like outlaw by the Coroner, she was
called upon to testify. Could they not excuse little
nervousness and confusion? She was subjected to
rigorous XamnatiOn by the Recorder, Of
great energy Of character She was apparently calm,
but it was the calmness of intense excitement The
Recorder had sworn that he did not remove his fixed
gaze from her countenance during an examination of
over four hours the whole object of which was first,
to break down the witness and, second, to extract
something from her which might mplcate her mother.
Mr.. Clinton proceeded to comment on the manner in
which the Recorder examined Augusta on the Coro-
ners Inquest. The Recorder had said in one instance
to her, "What, whatr as if to say, You arrant