The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-15
NEW YORK HERALD, WEDNESDAY, APRIL 10, 1857.

The Doctor Was hisd the doctor pushed me cu mo<Aev
vas ntaE ~ The DOCTORS desb, whoh STOOD by the wall
Issr The door; mother cane out and asked mo Was
pos that the nrst difficulty that happened bet wees
mother and the doctor; there dithcuWy
netveeD he doctor and mother IN regard 70 NJ. VI
Williams don't know what tins daoulty o. the saturday
b. fore the Doctors deah about the doctor did not
dosr remember whether he locked the door whom he
pushed out; went up stal1 and mother went bask
into the room; ad NOT make any observssion 70 the
doctor when he pushed out my mother said n0thinT
to ne about Is, 70 ny recollection don't think should
snow ny nosner's ha.dwrisiDs; think should know
my own; would know tho DOCTORS
Exhist No then showed witness, who said-
rbss Rot my handwriting; Idon't know whether II y
TIE wrness sad she did not know whether the sigsa
tire 10 exhibit No: was her oxn writing or no. she
,sio the body or alrg In Of exhibit No was In Doctor
The counsel aD admitted that the handwriting IN The
boty Of the checAs And rels ase sssgsmsus and note
Uhs .1hibs) we're in the and-risins Of DR. eurdell
witress-l don't know that bad Any conversation
vh ny sister about the difficulty with Dr.. Burdeli on
the Saturday previous 70 bis desth.
SrM heard Of The death 81 DR. BardslS A l was sir;
We were N the mont the third noor; don't
sno, what time u wAs; wa, ai'or Breakfast 70 nsc
breSkkst bstween eight and nine O'Clock don't know
ret unotbey made exclamation; don't know that
made any from the LIST Of May, 1885, mp 70 the
oesb rad M gular duties 10 perform In the house;
would help arrange the Doctors bu. MOI
the Of any else have never b. co directed 70
ws s 10, NV mosner nsse on nsvs. hSsSs ne
he ooc,or; she uss net In tbs habit Of going 70
cburcb the do'tor spert his ssbos'hs generally tn
bis room; ] don't know how long has been
.iDcc my molber went 70 chuych regularly; Vas at
home New Years day receiving visisen the doctor
mother wbep Mr. N.rvipe visited her II the romos;
don't know whst my mother said 10 him be 70 her
when be first went in know they talk something shout
To the best OF your belief what did be say about NJ
Ose Of the counsel for Ms Cunningham ohjeoee TO The
70 prove BY IL the testimony Of M Aarvipe this
poiIt collateral they could not ash any questions
about from any enc else, and material the quesuon
me Surrogate ruled that the counsel Contestants
could ak the witness questions he desired about the
and occurrences that took place On snA Or
witne~-I don't remember what Mr. Nsrvine stated
there was another wom.n there besides myself and
mother; don't know who she was; have soon her be
icYe
minu.es. 10 let him examine another Witness who
-, anxious 20 20 awsy Toe sppiic. don was denied
Was after the murder Of Dr.. Bcrds !; she into
The front room third story never her before that
Am sure never DID; mother did no. tell me her
NJ NArvpe IVES in the room. and this wonnu aso vneu
vert ITO the ROOM she verses both with mother
and Mr. harvire; can't say wbisb frat; don't reuem
I ssked my sister Helen What he Of this
wsa and she old me but DOM RENE uber what I;
wss the name Of The ksron at tho tombs. where mother
10, 10 Mrs Foster.
Ir .Olinior-whs. was your condition at the time
when you heard Of the doctlIs DEATH A. swooned
Mr. Tilden then showed the witness exh,bN No g. and
askeo wbose wrhiog II vasi She replied that she did
not think y WAS her motners or her own.
M. nldeDaIts note u directed to NJ chr'stooaer
Hampstead Fs.bush l.. ]. Have you an uncle By that
O where does he liver A. A Fiasbush, Long Island.
TESTIMONY OF DIR. DANIEL D. SMITH.
Daniel D. Smith was then called By Mr.. Clinton, and
being sworp ssd-I 1.-Two at rs Bond street; Am ply
stefan and dentist; Am IS years old; knew Dr. Harvey
Burde; knew him for about three years prior 70 his
death him tho goth day Of O;sober last the
moving or afternoon, ct the lAfNgs House; II was =,
tablet saw him; be eating brsakiast dinner;
ihink breakfass; wa hitting 81 another
table; ] noticed . gentleman sitting on tho opp.
though bis roe seemed fsuihAs; he mad changed
,epsioeraby vhilo ! was away; had been absent 10
Europe s,x months, he did pos wear moustsche when !
ieit ~ vhaksrs not dark and think they
bad been Dyed recoliected . minute and voooSnized
saoo WIN bin i'm sestsy After leaving the saais; he
,pqu'red very particularly about my European tour aud
remarked that be had some Intention OF gong u Esropo
z o, 20 th.p Il . good 70 visit the south ~
Europe. and be answered that his bdsipess relations
alone, be ssd NO some isoes going WITH Kim;
hsd previously heard him speak contemporary OF
semen, 70 I said doctor are you ing 70 80,
90 reply. by wbicn / UNDERWOOD that he Vas
= org 10 get married; he asked me 10 conc sod see
tne; OK The asse on which saw Dr Burdel at he
Lsfsrge house the 3osn day Of 0ctober became ~
rived nere from Eu,ope In the 0v Of Baltimore On the
spb OF Ocfobey, and this vas the rex, morning; did
know Ms. CuDnrgh previous 70 the death Of Or
egrot have only seen her or ,e, and that Wa SITTER
wirs,. cro,s sxsmined BY Kr Fdwards-He d.d mt
tell Seth Of october that he married, nor
Old he s me In our ner Don 'erssuon that ne w mar
TO Mr.. Tleer-; saw Mrs Cunningham In The city
prison. ueoi there 10 Srsufy the curiosity Of IN Ergrsn
Bsi,iuore In the Oiy Of Baltimore Capt. Issch came
rom Baltimore The evening Of tue 2esa October
TESTIMONY OF BUCKLEY T. BENTON.
Mr.. Buckley Z Bertos then called by NJ. Clinton
End being duly sworn ssd-I reside In Rrookvn. M No
II ~ Felix street; am IN the jesery bssiness this
c,y knew Dr. Barvsy Burdel for sin months prior W
bs death; am . director In the Ariisms Bank, End
have from the Of ~ existence 70 ibe
present time he or Burdei also director Of the
Artnsps Bark. raw him 81 tbs bank on tuesday, ne
1slb 81 ociebe, last about ten O'Clock o. meeting Of
ne lard Of Directors; there was dscasron about the
Affairs "a the BARI whi-h be took part, rssnev pro-
minert pt tbink he lett tie bank DO, the
Of eleven and tsslve, The, Tie usual rme fsr
ds; pert ssw BIN on the sia Of os,ooey being dn
count day ve attended he nesting OF the Bard Of d.
Cross examined By W. Tiden- why do you rcosl.
lect The 2stn and asa Il October In particular \
,ecoIec, them because Mr. frsse the vsoe Pre- at,
the ssh In relation 20 that; DR. Bardsl came
down that morning bet seen w and iok o'clocs ire
stss,cn that dAy sbeut the usual enEn Mr. fraser
continued 10 oct up tie z4h bu, po< after that did
the cocsor again THAI day; seliom saw hin
eIoep The bart hooked - The minutes curing TIE
Oovcre, . nvesus suon, Asd Mr. BrrdsPs meme vas o.
he utcs; the Of every director put dsvn
the minutes when be 10 present u . meeting Of tns
hoard: I you'd have been able 70 recoiscs tne
cate n lhe doctor's being there wtuout the
nsu,es, bit would not have ocen able 70 do
~ unas ] ntw the date Of the resgostou Of the
Wee Prssa srt don't reoolcot seeing he doctor DO
tween Slth and 18th Of Ocober.
NJ Denton sts,ed that be bad istycduocd some sesl
rory that sfric,y should have been nxoduoc rebu
ting testimony. but tposisg the the opposing
council intended 10 puraue, be deemed sdvsabe 70 do
90 He ~ould have introduced much more testimony,
tut be bad three Witnesses Of the marriage and
Re di5 rot cesge 10 accumulate testimony. AZ regards
Or sp,oers tescny, he ~eitrd here seveya weess 70
DO examined, and had 70 70 home Az bs testimony
st,ouy rtbos,iDs, Ne have nd called him, Dot