New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-11

that there have proodins the Of the
inmates Of The house. 10 do eIsordn.y at which under
tie circumstances naturally and reasonably cresie sle 400
that they endes,ors 70 destroy some e'arnoes OF ss
tut you come TO the ooeca'ieo that Ieev ~ 10 b,
then gentlemen the prosecution "a without any theory %
fore ssy /. an important point you consider beosne
Il you estsbsh II In the Affirmative contains much TO encl
the negative Il very obtses in the Of est'S
| hshng their theory 70. ...A.., -h.s
she heard Of the Doctor. death and her refusal 70 e., eeo's
the Coroner are evidence Of s m To- fs n si or limo
oepcs by proving the conduct Of the parry on me nis
ess. hs ,emony Of H.unsh conaa who Va. the hr.
person who announced the destb o. " betbs, e.
euet thai morning her. going down ..r. taking
cen, Mr. Eete no sbeui returning 10 the room In the
third story epg.sns In her domestic syocstSn.- The tes
tJt with the theory Of guilt or OF innocence and
ycu err bear mind hethet the conduct which he er
fed the time th. communication was made eyneed limo
her part Of any ipunents IN the death OF To.
whsss, s s's and % ss"; OF @
UPON BY the who addressed the
not .s" 70 Vr me to s
s that the CONDUCT =. OF n tho charged
conduct also Of the persons suspected when the crime first
guilt the conduct Of the party after the transaction Eight
or copcesment arc always regarded . very strong ciroum.
before the COroner Jury hs; Aso should BE- taken into
count whether evinced disposition her 10 give such
that there wa. something Which showed disposition and mo-
tive conceal And you bear in mind all the citcum
the Circumstance which occurred during day yOu
ve all of due weight aud consideration II you think
heI conduct exhibited disposition toward concesments
refusal disclose what she knew that TO be taken cir
Which would s.v. been very striking one in ts. p.Itic
ulaily where strong stout scy. healthy man Is tins o.
was murdered under circam'.snoes hl.t this was
by female TO which will can your attention
such result have produced by the prisoner bar
You nbeT in
reference 10 ndentaon marks remaining much longer
ESTABLISHING that fact A no marks wer. proven-ths one al
uded 70 under the shawl believe not made out by tes
At ALL II am not correct you will correct me- gentle
Mr. Clinton--There testimony upon that at all
Judge DayiesThere being marks proved, refused
permit the prisoner TO SHOW that there on her
body the principle well established in law that the party
the party charged prove Negative that pre-
spoo g any & ~ the hs N
am to assume that her exhibited evidences Of this
Fourth The appearance of the clothes Of the Now
upon h theory Of the prosecution they not having proved that
parent the testimony Of the physician and the
IN which have ourselves seen that the persons
considerable extent covered with blood say th, prose
9'S IN the e thus o. 11
les. shall find the theory that this IRE in the room the
and this used for purpose like that that
night sustained follows that there being appearance Of
stains Of blood Of the garments Of the
prisoner Of any III her house tint. you bound to
consider that there were none Therefore you IND that fact
tsyey difficult to reconcile the guilt Of the sccued with the
facts which have been proven in this case and which are mani
wounds DR. BuIde must ha'e upon their clothes their
person marks Of blood il not marks of violence Now gentle
the guilt Of the person charged with murers finding upon
accused weapons with which either the deed perpesied
n ~S apn the the Which
had exclusive control or Pos:eon-as Tor instance the
pistol found in the possession Of the accused with which
tOOkp he
would not fit the pistol therefore that presumption which in
regarded conclusive failed entirely because the two
did agree Now, if in this present there asd been
which she bad exclusive control weapon such Was
competent to nc these wound. upon the person o the de-
almost conclusive unless there some other con
weapon was found was incapable of doing il. How is it
this case? There found her possesonl cay posses
being in her posseson-thsre was found possession this
dirk e1hbns the to the Jur,l which have had Of
and hail inches exactly and It's width the hit less
Csnd believe pretcnse tina, these wound. IN
ced by this in.ume from the measurement OF the wounds
.Ed Dr. U.s. that hd. could have
been inflicted with this nsum' nt and the production Of the
dirk Of that these wounds Inflicted
by it than the shot BY the pistol found the
II perfect mathematical denomination. Then this lancet
bde being Only three inches in length shown ont Of the
entirely Then, gentlemen the only other evidence
IN mem the S' Of the aosSsd Now is not alleged
pistol At all but i, argued that the possession OF pistol by
female i, evidence murderous intent Now what Is
evidence reference TO the pisto Dr. Mcclure that
he was present Dr. Burdc purchased that pistol
very much like ii and Judge from the subsequent testimony
which Dr. Burdel purchased when Dr. Mcclure was in his
and used his The testimony OF one OF the
Misses is that this pistol given by Burdel
to Mrs Cunningham while she was living in Twenty fourth
and before she went to the house No III Bond street
but 1t Is not very controlling Circumstance IN any event be
10 pretended sed that of the wounds
inflicted upon the deceased wS inflicted with pistol aud tho
most ,nai sSI,u us ibs s z5nne hat b bss Intended
time other such the argument on the part OF the
pTo,ecuon to carry ou thT Intention s ma
Of the pistol under these circumstances reasonable and
rational presumption for you 10 draw to this extent for YOU
gentlemen, TO say
The next inquiry gentlemen which presents isefs had the
prisoner the bar the ply al inct these wounds
this stage OF the Ii IL true gentlemen aud you
bear in mind that excited by passion will do
hi. question You regard the testimony
strength aud resistance which DR.. Burde might naturally be
very proper point for TO state to the Testimony refer
cnce the in which these wounds inflicted say
ing nothing about the who inflicted them think
all the scian that the first wound inflicted in the
right shoulder while Dr. Burde sitting in the chair at the
the TO have inflicted that wound
upon him. necessarily have been in tine when he
room and after he seated himself in his chair
will remember gentlemen that is III testimony that
these which had passage between them
from the door Of what is called the Doctors Office
| TO that door he had been. and when he went out
| it his custom IT appears, to lock H. Now, II
alleged the part Of the prosecution Of their grounds
bring this charge home to the that she
had the key of these Of the Doctors that SHE could hsve
them and have been in them 10 make out
tLeiI theory al the time h returned and went into her room
becesse then Theory cannot stand except upon hat
You will nbe gentlemen that the bracket light al this side
Oh ht Nlnuo" Ii ,ne room "llch "ss neai o. the
was found lighted in the morning precisely As was let
at hight as the Doctor had turned when he came TO- with
that full on and that quite full
You remember asked The question: had motive for it,