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

that Is the true theory Of the aAd ainE
IN the -timory lsrmoniz~% With that view II Il Nov
posing b. the theory the had hs Pr-oasr ta
bar physical strength to have produced Aos- rr'I.l Aad 10
sitting the bar u1in1
stance. -heh have BIN srsdy dsiasdthe depia sad
the re.snoe The Of the deoeas the sb.enee Of al wi
denoe 1t injury TO the pron Of the prisoner aad the
nouDt Of force 10 infct those wounds In reference
70 this point viii Re necessary for you TO consider the n
enoe q the with and OBJ, 'on - = the force
neoeaTy to nfct such wound first this IN the shoulder tns
in the the wound through the lapel OF the coat and vest
through the sh and under abr; into the eatiASes II TIE
.rston the testimony Of DR. Ctn. IN reference 70 the alleged
d.s he pross,I y Of tn Ihsam.i ,n
beard all the testimony on the subject The theory va
.ns S @ @ T1r E SH nr bda .as s b. 90 os
thousht msL be might not You viii judge from the
~hb have expressed to you whether not lefhsnded
prison could have inflicted them By the testimony Of DR.
e. risbt ann and shoulder much
left The theory Of the prosecution is that len banded pe.on
rave this blow that the prisoner lefhsnded and tina. the
nsurs conclusion that II inflicted BY her. You val
rmeuT The ,ssmOsy Which IA. 6ees gwen IN Is,snes e
make such deduction deem proper IL come 70 the
those wound, then you mind testimony which
Ia. been given in reference t. then being inflicted b{ peron
have been inflicted BY tall man when they were stand
ing r hs s5 DO" unas the Ss .sSs sd
II you satisfied that ,he blow inflicted BY person
that it could have beer the defendant M 1t ia conceded
that she il shorter than the Doctor Then there another
them Of peculiarly moral character that they nearly
eyery one Of them fatal or mortal blows and that they must
have inflicted by person wing anatomical kuOwledse
stentiob TO the testimony Of Dr. Francis Dr. Woodward DR.
undesnd concur in the opinion that thu blow. were peoa
Hsy accurate blows for to WHETHER thi,
accidental not whether they were inflicted BY per.on
who have Possessed anatomical knowledge Of the no
system knowing where to strike home every blow that
hs been inflicted There 10 proof on the subject that the
prisoner has OF las not such anatomical knowedse and you
snsouca knowledge have broush; home the psonrr
would have been necessary Tor che TO show that
sary the various theories in reference whether
persons might got in from he back part Of the house
in reference this subject will state gentlemen that
look this with reference 70 the prisoner at the bar
idea that this death could have been caused by other
than herself In reference to this question Of eireumst9nti.
evidence will simply repeat the rules that laid down by
eminent writer the subject thst evidence against the sc-
must De- u5n . 70 saesas o mora a s'ey
eases Of doubt Is saieI to sc9u than 70 condemn Cen
upon in this most painful and exciting trial think that
you viii all bear witness that have exhibited other
placing before fact which could avail in solving
h . 60 calmly sns ds aS You ON s e
this unhappy at the bar Meet your whole duty like
%sn Of o y osh and now the the
fate Of a; s nan and the he rFs Of hsT
privilege also to deal Incredibly for as have esor. remarked
be scale in her favor and entities her TO your
dict Of scqutts IT, the contrary review of the whole
you the charge contained the indictment
II your your country and God though
be with guh OF heart and may deep shame and
others But in this final reviewing you are not salts
fed Of her guilt pronounce verdict Of acqua and let the
ACCUSED go free.
During the delivery of the charge the most profound
silence was observed throughout the vast assembly,
at its close there an attempted manifestation of
approval, which, however, was quickly repressed by
the officers
MIR. Bartol an officer of the Court was then sworn
and put in charge ofthe Jury who at o'clock retired
AT this time Mrs. CUNNINGHAM was resting her head
upon chair in front Of her, her daughters were still
St aed at her side, tanning themselves beneath their
thick brown wells to partially escape the effects OF the
heated and unhealthy atmosphere which peryaded the
room. The counsel arose and began TO indulge IN ia
nlar conversation, and the auditors began to specu-
late among themselves as TO how many minutes would
pass before the Jury would return with verdict OF
acauitta About ten minutes after the Jury retired
an announcement was made that they had agreed
upon verdict, and il was momentariiy expected that
they would return in Court. The statement, however,
was unauthorized as il not until Z o'clock that
the officer Informed the Court that the Jury ready
to render their verdict BY direction OF the COurt the
folding doors between the Marine Court room, where
large portion of the audience was assembled and
the Circuit Court, where the Court, counsel AMI
prisoner were seated, closed, it being measure
TO prevent any demonstrations OF applause always 80
inappropriate in Court of justice.
The jury then returned TO their seats. In moment
the audience became inv oluntarily silent, and Mr..
VnnderyoOIt the Clerk called the names of the Jury
follows:
THE VERDICT.
Mr.. Vandervoor lthe Clerkl-Gentemen OF tn
Jury please TO answer to your names.
The Jurors answered to their names in the following
order:
Gilbert Oakley, John Green,
Cbsuncey l.. Norton, George Tugnot,
Francis E. Galagan David W Doughty
William l. Lockwood Frederick COST,
Charles +. Hunter, John Archibald
Luke c. Coe, Gilbert W. Barnes.
Mr. yanderyoort-G Gentlemen of the Jury, have you
agreed to your verdict
Foreman-We have.
Mr. Bartolf approached Mrs. Cunningham aud
directed her arise. She did eyincng in the act
a seeming unconsciousness of what TRANSPORTING
about herr she stood still and motoness until her eyes
without expression. turned toward the JurY.
Mr.. NEUTRALITY-SUSPICIOUS. look upon the prisoner;
prisoner look upon the Jurors. How say you, gentle
men, do you find Emma Augusta Cunningham, other
wise called Burdell, guilty or not guilty.
The Foreman In subdued tone Nor GUILTY.
The words had hardly been announced before there
was an attempt applaud the verdict but the prompt
action of the officers checked this inappropriate
preston of the feeling.
Mr. Cunningham stood for moment entirely un
conscious but the the buz of satisfaction that broke
the silence startled her and she sank into her chair in
a state of partial swoon. Judge Dean and Mr. Clin-
ton supported her and gave her the assurance that il
was ali right" which the first consciousness
| she had Of her acquittal. A few brief moments
passed when she had sufficiently recovered Ia be
Quoted with her daughters from the courtroom to the
Marine Court chamber where she received the con-
| CALCULATIONS OF her friends and the Jury. An hour
later she and her daughters accompanied by Isaac j.
Oliver, rolling carriage toward the house No
81 Bond street where they will remain for the present
TIE SCENE IN The JURY-ROoN.
few moments after retiring the Jury proceeded to
take their first ballot Mr. COe, one of the Jury, OBJ
jected TO voting then he stated that on being exam
ned to his competency to sit in the he had an
swered the different questions his conscience die
taed and after he had been accepted by the counsel