The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-09
WNIgDBD vi SIT 10 TaH PRBMI See

UxENDBD VI SIT TO TaH PREMISES
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1IgTD CLOSE OF TIE CASE TO-DAY,
30, &C., 90
Court OF Oyer and Terml.cs.
Before Hon. Judge Davies.
yIYTH DAYS PsOCsEDNGs.
FRIDAY, Nay 8, 1857.
n Judge jury, counsel and parties were al 10
0vS this morning At nine o'clock, the hour to which
- ssjesrnuent last night took phase The crowd
. The staircase and laDsiDgs and around The pre-
sn.sas of the building was larger than on any pre-
usas cay Of the Trial. and the codrt rooms, Of course
vse a closely packed as possible.
Ma Cunningham was early in court. attended by
~ two sssghters and the two yonug boys, her sons
Ne ~ss EVIDENTLY in the very best Of spirits, and
asse wss hut one opn on among all classes Is to the
ssss nab OFT BY the prosecution. People want to
Aov xbS tie District Attorney did not produce DR..
uahAsien, wh0ewas understood to be so important 9
vstscse, naEticu arly in reference to DR.. BuFdell
having % &ceiye large sum OF money the night Of
Ae murder; ahH also why be did not produce that
invalt q whso he spoke, who from an opposite win
cling eanspse in the fatal room, which would 90 far
haesr up the mystery. Is Mr.. Frederick Fredericks
pesadvenapse, the invalid thus alluded to in Mr.
HhPs opeiiug1 II 60 it does not appear that he
vas an invalid at all; and the amount Of his tesd
nsy u ,hat while sitting 1t his dressing table he
s1srveA,A glanciDg light like that which would
sns hSml polished rocking chair, proceeding
Asa snE q 4he two hsuses opposite; but he had
49, l. A..
sssertsin What the light was whence it proceeded.
NE kSYsrSsnd other intelligent watchers Of the
sass think the defence wss indiscreet in opening
AAek sias sAlkssd in not letting the matter 60 to
. tAe jury &hen the prosecution closed. Mrs. Cun-
afghan nys Of it herself, that there is not evidence
sessgh against her TO convict her Of petty larceny
Bn Cosnssa, learned in the law, will be ambi
hpus II showing OF and m akng opening and closing
speeches and all that Besides, 10 this case, they
nsy be animated by the very proper motive OF
"A ealy &4mttng their client but Of ondea.
voing 10 remove large share Of the
puA6c sdium which nov attaches TO her.
therefore, we cannot say that they are MT per
lstly Justified 10 developing the full measure OF the
aeAnce. 1t would save much time, however,
n the jury should interfere and express themselves
usis6es with the strength Of the defence. They
vese 10 have visited the promises. but they this
spsrning think il would be 30 much time wasted,
. hey have an accurate ideaof he various localities
u was subsequently agreed, however, that they
snsuId visit the house this evening or tomorrow
xsming.
DR.. ROBERTS TESTIMONY CONTINUED.
unAnoss TAErIr@-T1u MAHuAoE ozf-TIf'cArx
-m IoCz.
mr.. waller 8. Roberts recalled and examined fer
- offence
Ompsel for Defence We were speaking last night
n TIE relations that existed between DR.. Burdell
and the defendant, have you seen then at other
1875 than at the house 81 Bond street, and the
S1ker p,acee which you named Yesterday A. be
1--we have seen them together At No. Bond street
q two or thrte ocoasons.
Jsdre Dsyics-wben7 A. A year ago Lass WIN
t1; would state thai have eco 'ncm s"se nc, ~, =,
aanes of The people, az hey would probably rathel
"a have their names mentioned
q Then you have seen thcm together ut private
JuSge Dsyiss-on how many dinerent occasions
"a whenl You have no right 70 disclose private
uffsirs.
witpess-A year ago last fan saw theu together
- private houses on teo or three aterent occasions
- du ing the winter, and in the street have seen
SArn quite ofsen. would sta'e that board at No
= Bond street. and that my Office t q 20; conse
SusDsly have 70 pass the house eaiy, sna nave y.
o Al times when you called at the house 81 BOND
street. and saw the defendant, wss II an Ordinary
ssxker vsry SELDOM A. During the past winter, Of
ranse the has lived In the hoase, have seen them
a.eetber sftener than when she boarded there; ne
s.sed IRON sipn@ generally q ave or six ecascs !.
his dinner; WOO so into the pasior, st few
uuanutes and generally him either going out OF
Quhe 10 dinner: he moet generally spoke 70 Mrs
Cunningham, a. II 70 inform her that he was goins
q Do you know anything about the lock o. the
Shw-ths last leck-as 70 the facility OF opening
60 dcor1 A. have seen Il there, and pushed
Q. State 10 The Jury boz you 60, into the housel
a. l would generally ring the bcn.
q. who would 90 nc 70 the door, A. The young
800 several Of these boys, and they vcrs ell Johns
ssssfines the gris tmesnine the scrysntsl admit
"a me aftsr ohce hours, soncdncs the little boys
sd scmstines the young LADIES, when they would
s1eus: on two occasions I rang the bell sod tool
Nd OF the door knob and fouad II open; the bolt
I'D not catched; that wAs amer The lock had ooer
psnoddled; on two ocoaaons Ioond 20, nc or
one cocasion found tbs door open; i always ate
cat would ring The bell and then catch hold o. To
kpob. and n the door wss open ] wouId ~slk u
and wait In the hall tll some one came.
o Did Or. B.fdell ever come - tne door , rne.
Q. In The day tine or EVENING" A 0ensrAiy Y
che day time; The Doctors business ~ like min.
end IN the evening be generally went out
O. Those times ehsf you found the ooox 10 tha
You could open u from the outside, was " IN IN
day time or EVENING" A. Just at evening.
O DO you kp0w whether the doctor ever took IN
desendant W any place of public smusemen'f A.
&now that on one occasion be took Der 10 the Broad
yry hes're; thss was last spring, some time sfeel
che had taken the house.
% A. What time in the morning Of Saturday, the
3lst ~ January, DID ycp bear OF The death Of DR.
bsrdeil, and under what circumetabccs1 A. was
tufarmed hy Nj. anodrraN coming On nv room b5
Bcnd gtreet, bet~een anu o'clock; was not no
mypef; u wae rsninr very IOrd; had been out the
night previonsy and hay rahNr tae- than asu a. ~
did not eypect any one that " Vt morning.
T. IL EL@t aouI SeSe Jes q. =: : a. sgcy!eas'