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

On H.
direct examination. Rules Of evidence are general |.
their nature, and apply TO all witnesses.
Judge Davies-fou may examine the witness uno,
the points which he called bat thst is yery
different from going into an inquiry concerning d.
Mr. Clnton--Does your Honor hold that we hay.
moi night to show motive in reference 20 other pSr.
ties: We now press that inquiry.
Inc question was objected TO and ruled GU, by the
q What wrre your relation, 70 %, Rs,s,Ii ,, 4, "a,
deas-Eendiy or unirrnsly A. We were rot on vistnx
O. Were you speaking term. when YOU p. In IN. ,,,.,,
did 20; spsst 70 him Wv
siGston in which took part .ssin.t HnSsv
judge psviesi rule out the question Of ts.asa Won nav
O Va. there qSArr between Wl.% su,i $780, "a NJ.
brother Harvey, In which took par. sssns. Hyey
o Were the relations between Harvey Burden ana "A.
wers not very friendly lie ,hsrs TO see him la,r.,
three times IN the space q fosr yess They da s
:Ss came SeTe oess.oSsy and called 70 see HsvSy oA
O. Do know the fact independent Of residence vAr
were they hostile tiues' A Al time. they were sal
again sppsrertly friendly -
EDWARD Pierpont AGAINST WIN. Burdel tAfnh A..,s
Mr. Perpont speak Of know nothing Ct q my ssa
Wen YOU no, IN sctive agent Of wm Barden ia u. H
ga,Ion him and Harvey A. 10 no instance whichever,
spoke half an hour in my te am on good terms w
O VIA, other relative. had DR. Burae in this city,
tioped@ oh, YES. there was MI Henry Oenni.On.
o He the husband of Mrs D.nnison who has been a.
actress. He brother Of the husband Of Mr.. D.ahisoa
O The husband Of Mrs. Denni,on 10 also cousin A. They
were both cousins. Henry and Theodore;
O. Is the husband Of Mrs Denn'on living apart from Ms
MI Hall objected unle. the witness knew from r.r.OrA
A / have 10 knowledge Of i, whstever
Q. Where does the husband live A. do not know
O. Do you know where Mrs Dennison lyesi A. IthnA ss
hT 20 She Wa. friend of Dr. Burdelr.' A. Yes, Sir
k.t,t ofx A The ssia
O You DO not know where hex husband ves' A. DO Bs
Do YOU know the relations between Dr. Buren and An
Mr. Hsl-Qt your own inoweSss Xod,. 90 H., r..
@ Do YOU know where he the night Of the homicide
O. What is your profession A. am dsntst
Dd you ssa your StS D Hi So ss.ss
I commenced with Harvey Burds and wa. with him yea
o. Do YOU Know Alvsh Blasdrllt A. | do.
Q. Do you know him very well A. Not very vel have
him. and cOnyersed with him. saw him hF'' " yes"
Since the murder you been frequent in your visits
the house No 81 Bond street end paid general attention 20 this
cas-. there nearly every day during the corners 10
Before that you had kep, away from yOrr cOOsn
Have you been .c,ive procuring the attendance Wit
'e o. Or before the Coroner A No, Sir.
Did You no. h go on sOpSsS to sec MT NAIVE the ~in
FOr many month. p.io, to that did you pu. foot
into the house Of Harvey Burden A. stated that IN April
'.o How far did YOU reside from him A. resided q. No
Union square corner Of FCursnth street Perh.Ps half ns
;Sy her yeI.erdsy, cor when al. wen. Oh. o, Il.
q. Is she here nOwl A. have not seen her to-day
g. She i. residing in the City is she not A. believe
O. How frequently have you her during the last three
months: nay ye seen 1eI Than snis three tunes p''o' not
o When have you seen hert A. saw her once q. Nn
BSfdelrs, or rather Mrs. Graham,s
@. AT No $40 Broadway A. Yes, Sir
Q. You w, mt there. did you A Yes Sir
Q. When did you last happen there before A. don't tha
Q. Never had been there bsfcrei a. think not
Q. That was since the homicide A. Yes, Sir
O. Was present when she examined witness "
O. You have attended here during this entire trial A. We
q i asked IL you had attended, A Ye. Sir
O. What the Of the difficulty between you and D.
Bufd.n A. Well be spoke rather hostile toward f.sSa
O do not ..k what he said; but there was personal ss
ing between you and Dr. Burdellf A. Yes, Sir
Direct resumed By NJ. Hall.
TIT ey aid Sn wsSs ysT gs5'bs1 sut sei
brother in-sw and himself
Q. shoot!ngi A. Yes, Sir; shooting at a candle.
The prosecution here rested their case, and Henry
l.. Clinton, esq, counsel for Mrs. Cunningham pro-
ceeded TO state
THE CASE FOR THE DEFENSE.
MAY 1T PLEASE THE CouRT, GENTLEAEy ~ rRs
JURY: Although not altogether unaccustomed 10 d.
ress jury in capital cases, have yet never ren
address jury under circumstances c those now eur.
rounding this case have never before risen to ID
dress jury where the prosecution had closed their ev
dence and all felt not only that the prosecution he'd
utterly failed to point even the finger of well
grounded suspicion toward the prisoner at the bar and
where the prosecution had proved not only that the
oneninp If the Dstricf- ttOrney uniust Int
generous, but where the prosecution had proven be-
yond peradventure that, the case closed, II was
the bounden duty OF the jury to at once aequt defend
ant.
The Distrct-Attorney in opening this case 10 you
gentlemen, though he supposed that woman, who
since the 3lst Of January last had been logged and
hunted as though she were a wild beast, when she
came into a Court Of Justice herself. Twelve honea
man would finally have some show of decency in her
behalf, with the view TO prevent you from giving a.
erance ~ the feeling OF manly sympathy which per.
vades the heart Of. every k6nest man, saw fit in ID.
vance Of word of testimony ~ denounce my client
the WORT woman that God ever created-s woman
who seems by his description 10 have been depctsd
by the very monarch Of he'll himself as the special
vcegerent on earth. have often listened with ples$
ure to my learned friend he addressed jures in CAPT
tai and other criminal case, but Whist was my surprs
when that he, usually so fair, candid so eau.
tious and just had oversepped all bounds Of mode
ration, not cOntenting himself win stating the fecs oil
the case which he expected 10 prove, but - ny
associate has said had ransacked the classics, bad
travelled over all history sacred profane and modern,
with the view Of selecting demons female 6snds, In
order that he might typy by means ofthem the char
acter Of my unfortunate client but, gentlemen, the
very opening Of the DstrictAtorney had there ever
been any danger to the defendant has rendered Ter
ecoui,tal as sure es God Almighty permits you 10 live
until you srive at the end Of your duties in this case
i FAY has rendered it sure, because notw1tbstand
inc he preiudice which has surrounded this case with
rsicb The Community has TO limited extent been i'm
bued assume that you will decide this case upon the
evidence that you will act upon the law-inoth1
words, gentlemen, you viii act az men.
In tie brief opening which 1t is my intention to make
10 YOU shall not 20 over all the evidence in this case,
,ha not stop, as the counsel supposed would, v