The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-15

OF misrepresentation to oom nit my Ideas and thoughts
70 paper He then commenced 10 address the jury, sAd
spoke "a follows-
GnrlnkES or THE JsRy-I have 10 congratulate you
that our abors In this important approaching
close. and cannot refrain from expressing ~ thanks 70
you collectively and TO each juror individually, Tor tho
patient attention which you have upon the onse
- progressed This duty which the Law has oas upon
Us, has been and 10 to inquire how and By
what means DR.. Harvey Bardeil-upon view
OF whose body the present inquest II held-cans to
his death. think I may assert, without fear Of con-
tradction, that there has never been IN inquest IN
ths city which has attracted much Of public sea-
ton ~ the present. The public mind some fourteen
days sgo was startled on Learning from the channels
through which the passing events Of tho day ass
made known. that . respectable citizen, . gentleman
Of wealth and good station In socety-had been fouily
and butally murdered-I might say butchered-and In
his house, and that a that time there WAS no clue 70
discover the perpetrators OF the foul decd The mement
our proceedings commenced the eyes OF the public wore
riveed upon u, and the evidence Of each day. ~ We
progressed w locked for read with intense anxesy
In order to Learn II there was any probability that
the guilty party or parties could be discovered
and brought to the bar to for the crime. Not
quy progressed and what disclosures were ssissd. bu.
that great engine io~ good or evil, the public press
thought Is fitting and proper to commence from day TO
day and carry Q severe CRITICISM on the presiding
ofnoef Of this Inquiry, tending 70 lead the public
mind 70 the conclusion hst the inquest would prove sbor
uon charging the Coroner with adopting but one theory
Of the case, and following up that theory 70 she exclu
sion OF all others. II must be apparent 70 everybody
that either other Of these theories correorhe
murder was committed with the privtty OF some In
mate or inmates Of the house OF the muir:
the house, unknown to those inmates com n.sed the
murder and then left the nouse. Gentlemen Am free
TO admit thst thought right to proceed ~ the hrs
tOrv was the true one. There appeared TO me, o.
very cary period Of aoors 70 be evidence pointing
In ihat direoon-none in The contrary direction. But
deny most emphsOaly that followed out that theory TO
the excuaioa OF the other II any evidence could have
been obtained to sustain IT, I had parties engaged,
night and and day. searching FOR evidence s,, where ere
whole OF the Friday evening OF the murder,
and also 10 ascertain any person was seen 10 enter the
been concesed therein Inc Doctor entered who
entered aer him The inquiries on this head were fruit
less and IN the absence Of any evidence any
contrary theory, did think II right 70 follow oul the
theory with which first became impressed, and was de-
determined 70 pursue Il until It. was estsb-
lished BY evidence, or shown to be arroaeou:,
| do nos regret the course which have pursued;
and a. this case is 70 be governed by your verdiot
lssve my conduct . the verdict OF an ensSssnsd public
the Of public Justice has not suffered under my I'd
mpisrauon Of r. Il always unpleasant for party TO
self vndcatou his silence might be Construed into an
acquiescence IN the Justice Of the charges brought
against him For sh ss;sOa alone nave We, vensured nnm,
have the honor TO address will tnink sne
REMARKS which have made a. to nay own conduct have
not been uncaIled for. DhmrsiDs this preliminary per
eonsl natter will proceed TO call your attention 10 the
ITSELF IL almost unparalleled in the annals OF
crime The country oSss TO you sG 'snas, q IT, true ysr
crtnc-iet potyour abhorrence Of as you desire
10 the Justice OF the country vndicAted lead you 70
coca not Hx guilt 40, the other hand, sympathy TO-
ward any upon whom guilt nxed, Dy evidence sat
jactory TO your minds ahould not DO allowed 10 niu
srce your feelings You win bear In mind shA. your
verdict does not decide the guilt or Innocence OF any
party. Your finding may iraeed subject parties to
deprived Of their liberty Tor time, and oblge Them
snswer before . Jury, who VIII then decide the
Important question Of guilty or nos guilty. And,
have mentioned, yos VIII take oars thai based
evidence which carries couvicton 10 your minds that
porsunisy Of rebutng o. explaning-whi,h cannot be
Done In this cour-the Acts which appear TO be esAe
from the ntcessity Of s inquiry into what the Law
terms the corpta dellct That Ds. Barde murdered
was, which pencraisd hu heart, and also divided the
jusulr vein and the external and internal carotid aste
res caused hs ctAih there can be no question or doub
that the injuries eered 10 inflicted BY some other
person or persons and not BY himself The owl
cerce on this point 20 plain and dechive ha
you newa w, % have s nc dcuiy without my referring
TO the testimony on the point, in coming 70 the
conclusion that the murder was committed be
both OF Jannary-probab'y near the hour OF eleven
snxi00s 70 dispose Of whatever plain sad ndispu
Ts H.. Souss sss
OF Or. Burdel h clear. Thss he occupied and used
lor hi, o~n purposes = portion % Of the nou', i !,
portion Of the house equally indisputable. The next
point which have, bsydA ~ question, that on the
were were KS. Cunning han, ~ daughters, August. and
j. EcEsl Hannah CONAN, lhs cook, and Daniel Uiim.n
Tk tseSo uda ha
ao so .nssr ; me sms uus after 'na midnight Where
H IL clearly eshblished that the crime Of
arses .visenoe Of wnd .se murderer We % arc driven
crcu ustanta presumptve proof 10 sscer
tain Who 70 .he gay 9st In ,he present case In the
Tint--wn mere ~ person who psssessed tue means
and opportunity Of perpeua,ins the oncneeS
VINO had motive aa for @ Il: PEI s,s pcsr.sioos '
1hire-Do We End soy persons using precautions 10
svoid suspicion and inqoiryf
the msaDs and opportunity Of perpc,rsine the crime al
m,s Of no doubt whether they, or any two or one Of
The sscosd pontHsd the partiss possesinssush an op
pcrunliy any motive for committing the bloody deed
-censnds Jour serious attention.
appears tnat the 2sih Of October last Mrs Canning
bam and DR.. BurdeIl or somc one personstpg Dr Bar
del, were marred by the Rev Mr. HArvine oi the TACT
Cur rnissham wu married 70 SONG one there can De no
doubt But vM the person 70 whom she vas married DR.
Burdel, or some one esef The testimony Of Mss Aut us
the person married 70 her mother iut roo VIII iook ana
whether her testimony 10 70 be rsed on, when sp
ptss 10 my mind 70 be conradicied by all the attendant
Circumstances. DR.. Burdeii never scssowedeed Die
marriage with Mr.. Csnnlngham, but on the contrary,
spee of her m tsyms which would ead TO the inference
that no marriage between bin and Mrs Cunningham had
taken piore and the conduct or Mrs. Cunningham
who appsafs had every motive for making her marriage
known, vsxsspssssnt ths, o. Dr B1rde DO you be
hsve that Ks marriage win nr Burdel had tsken place
be would Lave allowed Q vife 10 have sleeping tpayt
NET IN room sdiolnnr 10 rpc communicating whh the
bedroom Of Eckeli-,ha; be would speak OF
- o. a tenant and mere occupant Of hs house
o whom NJ was cetcrmnod 70 get rd on
the let 81 h-tbai he would uniformly ske ms
meals opt Of he house. and conduct nimseh ster
The 2s'h e 0-teS.r sxscsy ne Rad dore before that
datef OnAihm rart oi the osse ! beg your particular
attention - the svidtnce OF Mr.. Ihnneld and MI
Ihayer for their tesnu ony tends TO rho~ that about
month after the supposed marriage between Dr burde
and hrs. Cpnuinehsm We nnd the lsiter mssnr use OF
expressions Which could not be conrstent wib uutn
and would not have been used by hcr lad she become
the wife Of M Burtei u the Gate indicated oy tne
narraee csyusesse. The question wneth9 ~. burdel
was or vas not married 10 Mr.. Cum nnineham hm most
important bearing on the case, becsuse " voc shah
10 the concusou that the marriage of M CON.
urehs- was with Eckti, tasire for That purpose the
nsus Of and perecustre In. Burdsl, very nront mo