New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-08

.hat she hunted that man FOR three "'B -: -.
sbe dorccd him ut every stcp IN public ana ~ 80
tbat sbe wa set upou him; that she wa his ! 's'.
tor--his torneutOr. Gentlemen, mas 'hp ~. J., -,
,orncy proved any such state 81 iaci. io'-,'
The Dh tric Attorney was IN - moi that
e.tly nistaken The District Attorney A"on Dt not
Harvey Burdeu aought her; that ne i''pOlU,cu u'I
With his attentions; that b. eehie !" Nv, ua5 Ic
courted her; that he paid h'r eHc'H "No"'Y' ~"
en- bocnr,lIe man could pay IN honorable, higl-
=: a a $3.50 There are those who know, not only
hat he Aid moi haunt and dog 1.'n, bt tnat ne WAS
80, ,esdx 10 introduce her 10 his acquaintance with
v;,6 ,bo,1 he wished to stand wei, TO Introduce her
10 49, 80 and fhe most respectable acquaintance he
:" '~I ~ There arc those who know that he was
~ n'eseed when he wac heapirg most honor, as he
surpo ed, uPon her. Why d'd the District, Attorney
q thsf sistement! Did he suppose h. could
nnye IL Did he suppose il was the subject
~ proofO No. He did nd expect within
the ues Of law az il strikes me- to prove anything OF
that sort Yet, gentlemen, why should he-u nai!y 70
far-mnkc q statement, cnbiitrcd with SANDER IKE
that Was il, gentlemen, that he supposed you woud
be Influenced b. defamation 20 disregard your oath:
can hardly think that Why was it Let HIM, IN
biz subsequent remarks If b. shall address you IDIOT"
sou upon that point
Before proceeding in reference to the iacts IN lnls
case gentlemen viii take the liberty OF ealing you,
attention 70 one or two rules of law when ne C.ut
will lay down for your guidance reier Ihe reaG
Cireenleafs Evidence, section is Inc couiS'l i s
the citation In other words, gentlemen, 'HG ~
Of law governing you IN IN: "a. "a -. -. ooirJs
thus: unless circumstances proved 10 TINS case
every other hypothesis than that OF gullt, your
bouDdep duty to acquit TINS rule u wen stated IN
Rest On lPyesumptlons page 2S2 The counsel here
read from the work mentiOned. lu Other WORDS gen.
temen If all the circumstances proved may be true,
and the party be innocent, You must ac9ut; IL the
circumstances are cODostcn! with the guilt or nno-
carce either then you must acquit, and upon that
nopt take the liberty of calling your attention, and
hat Of the Court to few illustration, of this prnc
pie IT, as l shall show you preseutly-if the prose
rruton had proved twentyfold more than they have
they would not have proved enough 70 come within
this rule Of law
The Ccurt--What do you read from!
Mr. Clinton read from Judge Edmondss charge
70 the Jury in capital case, rom y. i. Legal Oh
server page 90 The counsel here read the citation
referred tol. Here, gentlemen, there were many who
could have committed this murder, who had equal
facilities with the prisoner at the bar Another point
will appear in evidence Of the defense. If | am
rightly instructed, there was access to this house
from the rear. | will not state the particulars,
but leave that to the evidence to disclose The
counsel continued reading from the opinion OF Judge
EAmoDdsl Now gentlemen, | have quoted these
rules Of law not that suppose there was any real ne
eessty for Il, but because the Court not having the
noUer ns il has so decided 20 dismiss the case, az
ibev have in civil cases il il incumbent upon lis to
leave that matter 10 YOU We not only do not regret
n but we prefer that that course should be taken
although. as a matter Of form, the other motion was
made TO the Court. We prefer that you should ds-
pose of this case for this reason we wish not only
that MR. Burde should be acquitted, but that she
should be vindcHted and now with Your permission,
1 will take the liberty OF calling your attention 10
come Of the statements in the Distrct-AtornoyS
opening, which he not oaly failed to prove,
but utterly disproved, and which statements
were the corner stones of this case Had he proved
everything which be said he would, very Insufficient
case of Circumstantial testimony would nave Deen
made out. He frs, told you, with the view 10 show
that this was the work OF woman, that Or. Blrdeli
was stabbed in miserable, bunglng ana inartInciai
manner not as man would be likely 70 do II, nut as
a bungling woman, bent upon he!ilsh revenge
and vet gentlemen, the very first witness whom ne
called, that venerable man, DR.. Francis-a very pa,
tach in his profession in whose countenanee beaned
intelligence OF very high standing, as you know,
in this community told you that in his opinion that
the person who Inflicted tina. wound had good deal
Of anatomical knowledge You heard the testl-
m0ny Of Dr. Uhl, and then witness the prosecution
He told you that il would be very difficult thng Tor
anatonist to strike as accurately as dd the oSSaS,
ain in reference TO DR.. Burdel. That WILL be proved
by other witnesses for the defence. That gentleman
ends that part of the Dstrict-Attorneys case. lie
NEXT told YOU that the body OF the murdered man was
laid out upon the flor OF his office by the ASSASSIN,
that the body not found in the position IN Whlch
had fallen dead That was another circumstance from
which he deduced the Inference of guilt against my
client What is the proof upon that point Dr. MAN,
and think Dr. Uni, tells you tina; this body renamed
There AZ il had fallen that there was no evidence 10
show that it had been eif'nrpeu a. az, ~
the most glowing rhetoric. He said the defendant
appeared next day with cape, fur cape, by whlcn
she sought hide her neck but that she d mol 80 Hr
II
covering red mark, corresponding to the marx upon
the throat of the deceased-a mark when the DIS
sad had been given IN the dean gflpe
You recollect the rhetoric with whcn ne c!Oueu 'h'
pretended circumstance; yet, gentlemen, "ha' IS
proved upon that point He asked his witness Dr
Main odd YOU observe anything about her meek
pointing TO this particular circumstance, and Dr. Main
said there was nothing. And further thao that gen
tlemen he told you that it was cold day-that iu
cape was very suitable article of clothing Tor tna'
day and that there was nothing unusual 10 Tue
manner of this lady in that at oil events Then he
fails in the next and the main circumstance whchh a
legged against this defendant The Distrlct-At'oruey
saws that this woman, this hend, this woman MENU
tod the domescs in the house 70 listen TO the aeTca
ton between her and DR. Harvey BurdeI. They ana
listen he told YOU, and the words Of loathng We're
such that they shrank back abashed! beautiful
sentence beautiful language; only lacks one e'e
ment of beauty-truth. The domestcs, boiling over
with race a. they were all told you that no such Tact
visited Away goes that circumstance. Another OF
the most fearful circumstances which are alleged
against this defendant was this she nu"ueu
berself upon Doctor Thompson, made known
her quaIrels to him. sought to enis, nun !" Sie [
TO take up her battles against Dr. boTdel ou hea1u
DIR Ibc,nison upon that subject and 80 lar nom 'nat
ne tells YOU that exactly the contrary was
DIR. Burdel applied to him IN the metter-thS'
Mrs BuIde called and said that be had holA'nS 10 10
with the matter-that there was no reason why he
sbould he dragged into it-that Dr. Thompson then
said he would have nothing TO do with IL, ana inc next
lay no wrote note TO that effect AnO.her c1rcun'-
stance was put by the Discretionary wth dramatic
powell won't say of HIM as he sara oil my cneh'l
th.t ne had the dramatics." That circumstance was
that MIR. Thompson heard the defendant ask Dr. bnr-
dell on the Friday preceding the homicide, IN mys-
terous when he would return ana mar mus sne
knew the exact hour of his return, SO thst she might
plan his death. He tells you that she saia 70 hi; ~
yery afFectionate way Harvey where are you going
or " when will you return" just as person "ouiu
ordinarily address another who leaving the house