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

here, ard ak the,r g. work up the case fsh Tor th'
tc-tnony ecrew Vp vneSsc- Rs though they were OF
tie rack. and do everything to induce jury OF twrV'
men 20 send the defendant 10 q teions gave, 20 ths'
urOn g. heath Of that woman they car take shd d'o,
among then,s-Ves the rhaTe Of the property whcn huS
sli 10 lNrns his law full widow. can understand uPoT
ether principle. why the prosecuting oounsoi
travel BEYOND tre record and seek To be the chaunr
Of sandcr ~ foul Ind helieh a. over zen IOtn mort
Ups-slspdcrs the truth fal-y Of when are not to
b. tired in TIL. court because yHu ,e S,Tns " ";
odv lived at No. 81 Bond street; That she kept In fac,
house Of prostitution. lie told you, and with an
| sererness he said that here he would unroof that
bonse He attempted 10 tell you that she had forsakeu
| enc nsramour for another, and he went on in
| tbet strain describing her and her conduct for
years as that Of tie most Infamous woman that
| was suffered TO go at large in this community.
And vet gentlemen, he knew that that would not be
the subject of evidence that such proof could be
offered in the case that it was entirely foreign 10 the
isue whether true or false and yet he suffered him
self to be nt ment Of this SANDER % be scattered
over the civilized world. j ask you, gentlemen,
whether as honest men, your very hearts did not scken
within YOU, you heard this abuse heaped upon the
deienseless head OF the prisoner at the bar Had my
friend been amateur who loved Ia feast on
horrors who loved TO tear and mangle a corpse
for the very pleasure Of it, he could moi have taken
better character to crafty 1t than the one he did.
Although he know that he would bot be able to prove
H. or to get evidence on tire subject, yet gentlemen
would have thought that fact would have restrained
head of that woman hlrs. Cunningham, her hand
BeIchicf It'll up 10 her eyes, as Mr.. Clinton went on
TO speak of the unjust ausons 10 her daughters bent
her head over tn chair in front Of her aud appeared
TO be greatly affected. Was it pleasure to him to
sit here and while the innocent daughters sat almost
within two feet Of him-was il q pleasure for hun to
pass upon the result, and describe that mother
whose tenderness 10 them has been con-
iiuued from their birth 10 the present time.
in such way Gentlemen, would have thought
that in whose veins flowed one drop Of the milk Of
human kindness would have been restrained by hui
menity, and by sense OF deccncy from unnecessary
end unca led for abuse Of the mother Of those innO
daughters. Yet the gentleman could seok 10 in
huence your minds by such considerations He thought
that they suitable topic TO descant upon although
not coming in the line Of hs duty at all and if he has
gained anything by thatI much mistake my kDowledge
Of human countenances, or my knowledge of human
nature
Again he told you that Burdel lived without one
mics and without Teproach; that no one living but my
client was enemy Of his; that no one living could
by any possibility have any motive to commit that
deed OF horror. / wish we could have been spared
from abiding TO the fact but the unapprsed statement
Cf the DistrictA Attorney compelled Is so far "a We
could to go into the subject from the witness Mcclure,
and that mpels to make the counter statement that
Harvey Buiden had many enemies; that he never
was in house in his life where he did not have his
auarrels Further than that, the District Attorney
called upon the defense to show who had motive for
this murder-whO might have done lt-and that may
not mistake his language VII read il from his speech:
shall greatly mistake your comprehension il you dc not
sye h cOnc that done by some person IN the
house and by her who had motive who expressed tho motive
the ability dot and TO conceal and having spread these
the other side 10 say what Of who has greater
What Of this hatred and revenge and malice there
entrance obtained 10 that house And they shall
fail in that shall claim heIes'c when the Syisenee which
whether she be called Emma Augusta Gunnnsh'm Or EmnS
Thb,T she have the simulated or the real marriage that sh
woman though she ives sllty OF the crime
And vet gentlemen, but few moments ago. when we
proposed so far a. we could 10 take up the glove
thrown down by The gentleman, and meet him with
his OWE weapon, he objected TO the testimony, and
said this il part of the tactics Of the defense, to put
other parties trial having previously told US that
did not do it our client should be hung. He told
YOU that great preparations made for that murder
made by my client that no murder was over more
deliberately planned Where is the evidence OF that
Among the circumstances to which he alluded, he told
you that the defendant requested Hannah to 90 to bed
early that night and here the most innocent act in the
world was tortured into link, rs he would say, III
chain of damning guilt. A thing likely To occur pc
fore; whether il did OF not, am not aware whether
we shall be able to prove. II is said II only occurred
that night and yet the next witness, Mary Donohoe,
tells that the defendant requested her and Hannah
TO 90 10 bed ON night about week before this, and
that the only night on which such request was
made--One witness coDirddic,ing the other.
Another instances He says that there was lock
upon that dOoT-a mysterious lock-a lock The hHe oi
which had never been made since Adam created the
which was one link in that famous chain ot guilt But
what becomes Of that even the very maker OF 1t
shows Won how il be fixed so that push VIII open
il, and Mr.. Ullman, this gentleman against whom
nothing has or can be said tells you 'hal lie
wire, in his Judgment, would be sufhcient 10
omen il after it had been fixed. AT hrst
no key would open it, aiterward you might almost
blow II OPEN The manufacturer, of course, has
great affection for the lock- Why did not the District
Attorney examine the premises of those persons VINO
had KEYS of that house There were other parties
who had keys OF that house. do not wish TO cast
suspicion upon anybody, but there were other parties,
and he has failed to call those parties as wit
nesses upon the stand Ii has been proven before the
Coroner and il will be proved here by me, that some
other persons had keys 70 that house Why was II
that no attention was paid to anybody else Was 1t
because the official, whose name has become a by
word of reprosch knew not now to conduct an inqel
siton Was il because 10 time, he saw MT 10
charge the first woman he met with the crime
and ase inquire il all other directions Let the
prose Vution answer. AHOther accusation - made
The District Attorney that client stole the sale
kew of Dr. Buren and upon that he seeks topredicate
something in reference 10 this. say no sentence was
ever uttered by mortal man more false than this lie
saws il was found in her possessiOn-that key was
found in open attic, among pack OF papers, where
il had been thrown probably by Burdcl hnlseli-he
having lost IT, At all events there is not one particle
of proof nor any we-ounded suspicion, showing or
tending to show that the prisoner at the bar ever had
possession Of that key. DIR. Burdel lost his key
whether there or where docs not appear; ana inc
District Attorney would ipsinuate that with this
| lost key the safe of DIR. BurdeI was opened;
and yet as if by peculiar Providence would appear
that another key had been got it was obtained on the
| 2Sth OF June which key Burdel always thereafter
had in his possession down 10 the time of his death.
The papers were lost in September believe, and a
new key had supplied the lost early as the 2oth
of June. MIR. Herring told you that that lost key,
| after the 2Sth of June, would not open this safe
| at all But, SAYS the gentleman, We will prove
kQf IN