New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-09

evidence. As the summing up on each side Is IT,
stricted to four hours to-day, the case will, WITHOUT
doubt be given to the Jury early in the evening
Two counsel will speak on each side. The Jury
are to visit the premises, accompanied BY the
Judge, before the reassemblng of the Court this
evening.
DR.. Roberts, whose examination was resumed al
the opening of the Court, testified that on his
arrival at No. 81 Bond street on the morning AFTER
the murder, he found Mrs. Cunningham sitting by
the bed. She remarked that she could not live II
the Doctor was dead; in the Spring he had prom
ised TO make everything right, adding, there Is
"secret you don't know, which she afterward ex-
planned by producing the certificate of marriage
DR.. Roberts also swOre that Mrs. Cunningham
used TO 90 to private parties with DIR. Burdell q
year ago, and last Spring accompanied him to the
tbeater. Two or three witnesses were called spe-
cially for the purpose of showing that Mrs Gun
ningham and Dr. Burdel were on good terms. Miss
Van Ness who had known Mrs. Cunningham for
fifteen or sixteen years stated that their conduct at
Saratoga, where she spent Summer with them,
was that of persons engaged to be married, and
Mrs. Denson gave the details of conversation
between them in her presence on the Monday be-
fore the murder, when be showed her his ambro-
type, and testified that they were in the little room
together for an hour and three-quarters and had
never seen any thing quarrelsOme between them.
BY various other witnesses the same state Of facts
was shown. so far as it could be done by negative
testimony. Members of the family and others tes-
tilted that Mrs. Cunningham was not ft-handed,
but that her right hand was affected by rheumatism,
with which Dr. Catin of Brooklyn, her family
physician at the time, wore she was attacked
three years ago.
The Court excluded evidence founded upon the
experiments regarding the transmission OF sound
made at No. 81 Bond street. As to the odor as OF
burning rags supposed to have been in the vicinity
on that night several witnesses were examined.
Dr. d. d. Smith of No. 81 Bond street testified
that he threw some pieces of wooden and leather
into his stove on Friday afternoon the smell OF
which he still found in the room next morning; his
son perceived it then ALSO but not the night before
though he returned home between 10 and III O'Clock.
Mr.. II. w. Treadwell passed through Bond street.
with four other gentlemen, between IL and Ia that
night and waited on the corner of the BOwery Tor
the cars about twenty minutes, but smelt nothing
Dr. Parmly's nephew testified that his
uncle, the Monday after the murder, spoke OF hav-
ing smet an unusual odor at or 10 o'clock, but
said nothing about the odOr and light OF which he
testified on the stand.
Henry S. Smith visited No. 81 Bond street during
L &c tba far ha n,rrD M a
ing the facilities for entering the house from the
rear. He testified that the shed over the back
piazza, which is fifteen to twenty feet high, is but
three feet from one of the secOnd-story windows;
that fence was between numbers 81 and So,
which was within four feet of the top of the shed,
and that the back door of a stable an alley lead
ing from Blocker street opens into this back
yard
The only other important testimony was given
by the various members of the family, all of whom
but the elder of the two boys and Mr.. Eckel, have
now been called, whose stories, with the ex-
ception of few slight discrepancies tailed To-
eether remarkably well. The manner in which
Friday evening was spent; the facts that Mr..
Snodgrass and the two boys slept in the same bed,
in one of the attic rooms, while Mrs. Cunning
ham slept between her daughters in her own
chambeT-a singular coincldence-and that no one
Of these persons 50 far as can be gathered from
their own lips, heard any sound from the moment
they dropped asleep; the behavior OF Mrs Cunning
ham on the Saturday morning, and 50 on, are all too
well known to our readers to require to be resated
Absolutely nothing new was elected the prosecu-
ton declining to crOss-eXamne George or Miss
Helen Cunningham and putting very few questions
TO Miss Augusta and Mr.. Snodgrass. The bearing
of both the young ladies' upon the stand was re-
markably self-possesscd, and their testimony was
given promptly and sometimes with emphasis
They both testified that their mother wore the
same dress "a black silk the whole OF Friday and
Saturday morning, until it was removed by the
COroner's orders
No proof of the alleged marriage has been offered
other than that, which may be derived from the
deposition of Mrs. Cunningham and her production
of the marriage certificate, although various mat
tiers which have much less to do with the case such
az Coroner Connerys conduct and the relations
among the members of the Burdell family, have
been sought 10 De introduced Eohoi Ha' "o' O'0"
called BY either side, for reasons best known
to each. An undue value is placed IN some
quarters upon the testimony of DR.. A'ah Blals-
dell, who played a much more prominent part at
the Coroners inquest than he should have DONE
The important points of his testimony at that time
related to certain declarations of Dr. Burdel which
would have been clearly inadmissibe under the rules
of evidence The fact that he had an appointment
with Dr. Burdell, which was not kept, Is entitled
to little weight and, if rumor be not far out of the
yrav ba ,,orl5 bsva nrohsbly hurt more than he