The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-06

we have carefully analysed the evidence, much
of which is extraneous and altogether away from
the main issue. At the present writing, after
six days Of investigation, such as 1t is we are not
much nearer to the discovery Of the culprit than
when the lad Burchell was called to the stand on
Saturday last. It is idle to deny that there Is q
strong feeling on the part of the public against
two of the individuals now in custody. But In
cases of this kind, as legal writer observes, II
acertain arrangement of circumstances designate
an individual as the probable sulprit how keen
is often the satisfaction expressed! Speculation
is received as evidence and the desire to sue
coed suspense with discovery frowns down all
juster feelings of humanity" Such is the feeling
of the majority Of the community in relation to
| the parties suspected of the murder of DR..
Burdell 1t is necessary, then that the malig-
nancy Of this feeling should be tempered with a
due regard for justice to the living as well o. the
| dead.
AS first step to bring about this result it is
! requisite that the evidence should be carefully
weighed, the circumstances and condolences
compared by by a well balanced and entirely un-
prejudiced mind. Nearly all parties concerned
in the investigation seem to have caught por-
ton of the public spirit, and their inquiries, al
though difuse and zeal0usly pushed, never travel
| out of a narrow circle. We have too much about
! two or thr ee persons known to have been in the
house on the night of the murder, and too little
about the whereabouts of the Doctor himself on
the day preceding it.
What has been adduced so far?
1t appears that DR.. Burdell was foully muir
dered in his own apartments on last Friday night
There were seven persons in the house: Mrs
Cunningham, Misses Helen and Augusta Gun
bingham, Mr.. John j Eckel, Mr. George Vail
Snodgrass, Mr.. Daniel Ullman, aud Han
nah Conlan, servant. All these persons
with the exception OF the Misses Cunning
ham, have been examined, aud they testify
that they know nothing of the matter. The
testimony then, is from without the house
is for the most part fragmentary and uusatisfac-
tory. 1t has, so far, proved only two important
facts first, that there was a serious misunder-
standing between Dr. Burdell and the other par
ties Mrs. Cunningham and Eckel, and it does not
appear that he had any difficulty with any other
persons There is q great mass of testimony
bearing on this point, which is really the most
important in the case. 1t might show that they
had motive and no one else had one; but this
must be so clearly proved as to overthrow every
other reasonable hypothesis 1t is not necessary
to show this fully at this point, and the testi.
moDy is quite sufficient to leave the impression
on the mind that there was bad state of feeling.
Burdell told Stevens he feared for his life while
in his own house; Mrs Cunningham acknow-
lodges to the difficulty about the note another
witness swears that policeman was called in to
settle quarrel between her and Burdell Mrs
Stevens proves design on the part Of Mrs. Cum
bingham to make trouble between Stevens and
Burdell, and thinks that Eckel was employed in
the plot. Here is point missed by the Coroner.
He stated to the jury that since giving her evil
dence Mrs Stevens had identified Eckel as the 60
between. One Of the jurors asked if that was
her testimony under oath ? The Coroner replied
in the negative, but stated that she had said 30
to him, and that was " the same thing" Deci-
cidedly il is not the same thing.
The second point arrived at is the time. II is
shown by the evidence of Mrs. Cunningham, cor
roborated by Doctor Main, that Dr. Burdel left
the house at five o'clock ON the evening of Fri
day. Mr.. Ross testified yesterday that he was
passing through Bond street to the Bowery on
Friday night at about half past ten, and saw
wearing shawl-who had preceded him
short distance, 60 into the house No 81; the man
opened the door with latch key, and Mr.. Ross
heard the latch spring when the door was shat.
A moment or two more and he heard a stuffed
cry, Mur-," but rs there were some idle boys
Longing on the corner, he presumed IL arose
from them and paid no further attention TO
IT, Mr.. Brooks heard from the house op-
posite the same cry, at the same time.
From this evidence the inference s fair that some
person was waiting in the room for the Doctor
that be was throttled Immediately on entering,
and then despatched with the knife. But these
circumstances are only links in an imperfect
chain of evidence. We must find out wherc the
Doctor went at FIVE O'Clock, and we must ascer-
tain what he was doing and in whose company
he was during the evening.
Then we have the alleged marriage Of the |
Doctor and Mrs Cunningham. She produces |
certificate, and leaning her back against il, as-
serts Its genuineness Mr.. Eckel is supposed to |
have personated Burdell during the ceremony.
Why has not the clergyman been confronted |
with Eckel' Still, she may be the lawful wife |
Of Burdell, and yet be implicated in his murder |
1t appears by several witnesses that he always
spoke respectfully to her, generally. He paid |
her money. and she evidently had great influence
over him at times
The theory assumed by the majority is, that |
the murder was done within the house-that
two or more persons assisted-that II was
purposed to leave the body in the street. but |
that the struggle was more severe than was ex-
pected that he was killed in order that Mrs.
Cunningham as bis widow might administer his |