New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-04

would not exceed an inch IN length on the chm above
the base Of the ear they very light and thin; the
original color Of the whskers sandy-rsiher IN
cued TO be sandy be quick IN speech and IN his
motors; he was straight, not STOPPING very active;
hi, breast was full shoulders square his head was se;
on biz shoulders, and he beld upright
Nothing important was elected on the cEoss-eSam'
nation.
u :. PAYNE sworn-I am lawyer, OF HeFkimer
County; knew Dr. Burdol; saw him on the 10Th Of
October. at Tsylor's Hotel, in lIerkimer, a, tea;
Know It by having left Hersimer the day before to
stteud Republican meeting at Winfield fsodsees
newspaper containing notice for the neetng.I came
back 10 Herkimer Sunday morning; at tea, Judge
Earle told Dr. Burdo | had jus; como beck from
Black Republican meeting and the Doctor sd he had
heard political sermon; saw him again OF Mondays
he said something in relation TO the suit there; SAID
they were great institutions; his whkers then woaid
not exceed an inch in length my impression Is that
they did not up higher than the base of the ear;
they were reddish, sandy, lighter the sides Of the
face. with some white hairs among them the Doctor
was rapid in speech and notions rather nervous;
stood straight head erect, ches, full.
Cros;-examined--I boarded at Taylors them don't
know .hther names are registered in the hotel book;
did not register mine; sometimes they do 80 on oecs
sons of Court-week and at pubic meetings; saw Dr.
Burte about the middle of August IN Herkimer; his
whiskers were shaved lower than in Octooer lremem-
Der on the 9th or 2th of October sitting opposite TO
him at dinner that he put up his finger to put away
his mustache / remember Mr.. Earle spoke OF II; no
thought it looked very disagrecable; his mustaebe
was sandy; think made a political speech on tho
Gth of September | did not fx the date-the 9th OF
October-until nearly six months aterward, and relied
upon the poster and notice OF the meeting; don't
know that there might not have been an adjournment
at the time of the inquest read the reports saw
that an attempt made to prove that he was IN
Herkimer and Saratoga the 18th of October; there
was some talk about il in Herkimer them and there
has been talk about it frequently SINCE but did not
remember these circumstances for about six months
Robert Earle, swou--I an lawyer at Herknmer;
have been Countrywide and Surrogate since January,
| 1916; have known DIR. Burdel for ten or twelve
| years quite familiar for ak . or seven years;
nv brother and were partners until | was elected
| County Judge aud did his business, and boarded At
the house where he stopped; | saw him ON the
| 9th of October last; 1t was on the day Of
| the lawsuit and know that that the nth of
October fer the that was on the Monday sue
ceeding the political Convention, which remember
was on the last Saturday but one before the election;
ana know that this lawsuit was tried on Monday,
because one OF tuc W my
and was impatient because my brother was engagedn
trying the suit; my brother wanted ne to try 1t,
because he wanted to plan the political operations of
the week, refused, because it was Surrogate's day,
and also because have not been in the habit of trying
eases in Justices Court since | was elected County
Judge; DR. Burdell walked a, ordinary business men
do his language was rather loud, but not what you
would call fast.
Cross examned-I never had the impression that
Dr. Burdell was at Herkimer an the 2sth; fixed the
date that he was there on the 9th during the Coro
ners Inquest; didn't tell anybody Of it, think every
time he came to Herkimer Last year, he to raise
money, and remember his giving us some humorous
descriptions of city lifei he uniformly claimed to be
pure man in conversation with me; think II not
his custom to wear mustache, although he had one
on when he was there in October; he had an inclina
| ton to a nasal twaDg in his voice. would pitch on
high key was a great deal better looking than the
| common run Of men.
| Eli Taylor, sworn-I formerly kept pubic house;
| bought the last house that kept about six years
| ago. of DIR. Burdel DIR. Burde, for twelve thir-
| teen years had stopped with Inc occasionally; some
times he to do dentistry and staid for two or
| three weeks; he down on the afternoon OF Oct0-
Der 25 on the afternoon train he spoke Of his cousin,
| Miss Wilson, who was 10 have come up with him,
| think on Saturday evening
| Here Mrs. Cunningham went out, and crowd"
of nquistve loafers, who had been poisoning the at
mosphere of the Sunogate's room, disappeared; the
windows, also, through which great many miserable
fellows who could not get in had been peerng,
suddenly deserted.
Mr.. Taylor proceeded to give account Of this law
suit and his journeyings generally
Cephas johnson, sworn-I am Ierkmer farmer
and Justice Of the Peace; the suit Of Taylor Vs. Jay
was tried before on the 9th Of October; | saw o
man they called Dr. Burdell on the day of the trial.
| did not notice him particularly.
| Cross-cxamned-The parties in this suit met for
three months from time to time before me, but can
only give other date the 2ih the judgment is
tered on the minutes the 3st, and the docket
the 3Oth; the docket is right. t pointed out 70
the witness that dates subsequent To the commence
nent of this litigation occurred in his judgmentbook
before the entry of this Judgment he explained that
he inserted judgments anywhere IN his books, some
times leaving several blank pages. The course in
which they run is Feb. 8 1851 Oct. q, 1856; FebS
10, 1851 The defendant paid the costs but pat 1t
in paid by plaintiff" because ii had net might
have been responsible for them.
Christopher c. Witherstein-I am County Treasurer
of Herkimer; have known DIR. Burde for sir or
seven years; saw him tn 18th Of October last;
our fire company out that evening, and he met me
on the corner Of the street the engine house and
had a conversation; meet the last Saturdays 10
the month; had silver trumpet we had won at the
Montgomery County Fair; he took it of my neck
and said we had done we'll were good, smart boys;
then he spoke about the fire department in this city.
Cro-s-eXnmined-That night we had n torch-light
and remained out till after II O'Clock; don't know
that that silver trumpet At any other time;
We have had tYo fres since the company got up,