The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-05
Tai E0Nr STREET MURDER
<r.~<-~-~N
Saai 0, Nm Puma Augusta Cunningham, aGas
BurdeIl e, ,ae Nunder Of Dr. Harvey
Eurdel..
vpLa yuRs.EnrAssELLED,
AHL, 40, 40
Court az Oyer ard I've, asrser.

~Ssvxhau ss,us Purdel, ini-ed Cor the MURDER ~ nr
R~xvey eurdei' tcaipcd have been her hussabd) in
a heaas 81 Sud street, New York, the nigh, OF the
coornng OF he slss ~ January .ss, down
O'Clock this morning Mr. John j. sskel, VITO also
<hagcd with the crirs, was separately irced snd
so-susu,y s TO pe sersrstey TIED The selected
r se yurross n The trial thai u the supreme Court
fwcns. the tNrd neor nf The brown ssne building
- ~ PART. Tho folding doors which separate this from
~ Marine Court withdrawn for the purpose
odatng the large throns VI Interested spectators
who exceossa 20 he present Across the space be-
swssn me two strong wooden barrier was thrown 10 re-
VIEW ,ho srdiencs there from unconfortsb,y iacom-
Hsdng the Court; sud police Officers were stationed on
as stairway landings ana =, the tcrs 70 keep back
rsnprtviieged persons. t.s
rAcre wac dScuay anticipated Ia the procur-
Ns OF an prejudlced jury that panel Of hvs hundred
r~Rs pss.ad of the usL, number ofrty, subpoena
cd Tor this -rsal
The C,rcRt Of Supreruc was opened with
- usual Gornstsy 10 ociecs A. u. precisely when
me- net osurors subponaes for that Court called
received, and sncs as answered IN iheir names
wwsrn and discharged TN Monday, the llth
The Oyer and Ie, miner branch OF the Court then
-npened, and the smpaunslng nj jury proceeded with
~ about quarter before II Mr. Cuun nghsm, alfred in
tun widow sur Of mourning, with her two daughters,
0aln end Augusta conducted into tho court
sd seos their seats behind the clerks desk Tue daugh
mourning but they dark dresses with
AsoSn fur cspe and All thick wells which complete
b concealed their faces At this sns the attendance
vray large but tse were By no means crowded.
Mere &rge force OF reporters present: among
aem some froe Boston and other distant points.
Te District Attorney, Mr.. Hall, his assistant Mr. Sedg
wMk the Attorney General of the STATE Mr. Cushing and
NJ Edwards sppoare dior the people. II wss remarked
very singular that in sn important there should
have been little Sgai tslen; engaged.
Tue Judge directed the clerk - record tine Of s25
.xnnst each juror hsl answered his name;
end announced ina; he woldiuposs IKE One all an
sepa-es durmgtbe term. II was quarter o'clock
before the preliminary msier disposed OF. Whom i,
vss Mr. Han, District Attorney, called the of Mrs
Suniugham, AID mat the prosecutor ready go
vh IT. and asked that the jury should DC empancied
Mr. Cnon for The defence, waived the reading Of the
aAc,mept, put IN plea a. gritty" nnd Genan6ec
xts,.
Mr.. Cunningham now seated BESIDE her COUNSEL
Aef veil removed and 5be presented face MARKED
~ grief and suffering, but presenting traces Of
Hepdish ma.gny Of disposition which has been IN
ly attributed 20 her Our reporter saw her DO
Swe, and Was non prepared from a. that ne had read and
q. carcaiares which he had of her illustrated
pspsrs - such quiet amsbe, lady The looking per
S~N SIC has dgrk eyes, black hair an intelligent and
expressive o counta0ance bat facial Indications Of
. ssprsved heart Her spyea-encs much cal
ssed 70 svssea sympstny hsn 70 leave the impression
~ gum
M. Eel also eoursS mild looking gcnie
nj <hs sSt parsons in The crowded cour. who
Dc picked likely 70 be engaged In deed OF
sDoa lie is TO Do placed trial, being sepa.
sSey indicted, but mRy possibly be examined q wit
-nss~ sor The people or the PRISONER.
AT this psrsod there long pause ncclaoned by the
Nsert occupy ing ten minutes In auseg the calen-
oar; aud the rsnse was xscn advantage of 10 have fun
scrutiny Of the ,arss. Tho Misses Cum pgham occupied
sAr original position the right of the BENCH aud
ssov accompanied By a LADY whom our reporter ar0s,
rissd 10 DC Mrs. benni-op.
Efs hrs, juror who answered. to his name wa
Jssae3 hsifopcy, "a til" Isoniy first ward. Be was
CHALLENGED for PRINCIPAL cause 10 answer to The qoostots
std he had Cnpr,sod 81 opinion ~ :, tbe guh nno
ecnoe OF he accused and bal Dot esaEged hsinco.
Mr.. Hal asked the Juror whether ths opinion be he'd
enFecssed was favorable or uDfsvorRbs
csun~,l Cor defcDoe objected v toe question.
NJ. Hal argued the porr.eiy Of the question which
no proposed 10 AK. The law provided thai 'rson who
mad expressed opinion may b. excluded Juror and
must ~. Besides, II the opinion expressed u
Of The accused the aocuged had -; Of challenge
81 dat account AM he rosocat % ngi NOD object
The question: Was allowed aud exception was taken
me juror answered tho question ny saying lat BE- had
sa be DEL Do; think he evidence AZ "a ~ he mad read
sufficient " convict Mrs Cunningham; thai
osnton SIN he bad no oi'nop whether IL point =" fact
>be was guilty ~ innocer and eoad aos s~er uai a.
Asd cves formed such opnion.
9y Cunsol for deisnoe-Iavo yO. oIsn.ou ~ r.
~hsthsr or Dot IN. Burdeil sas murdered,
fbe Oourt o~erro!ed Tho question, sud oyCopaon ~as
Tfe COar, decidci thai 70 ti-quany juror he must
lave opnion or settled udgmou, a " zoe gaor ~
nocsnco Of party, AMI therefore n-d e pcrson 70 D.
sa, N disqualified.
Tue yrror tocr cn.aOnrcd for favor.
VI. Hal suggctd W Tho court that other two Sytuen
hyInan AMI que lswyer--nct two hsyors-sho4lJ
D. sworn tFers " Try Challenge for favor.
Messrs. swan mi aydaBl, bob laym.n, oD1i
a~ied by the cosrt a. trAers.
Coayel for defence rsaed an obJeenoo hat those gen
fs,rnen jurors, and might be ssi 0 its.r
should b. ths nrr. drawn DOT oi the box.
Tse Court " sbViae the difficulty. appointed, ser
AuIe oonsumvIon vi Time, hesrs s"nEAy and OcaaFy Al
Counsel for deepoo stated Ne ground o. challenge 10
poS-yr, ttsi the .yrw bad formed opniou ia tae
-tase; second, thai he had expressed oysuos u.rj,
ssi b. sas-ea against IA prIsossr fsrth. tai bs
Indifferent REGARDS prisoner and hrlh
o. he " btassed against the pri,oper rsrsoaAiy
Tue yeros, ssrycr W question: ~ oounsei for de-
o a.d be had rad N the aIEnD Jar, Of te evidence
skcn before the Orcner. hut d.i rot pay great deal o,
~slcnton " 1t. he also al Tie -ofnesk OF The Baa1ip
on Ne sue~ct; Thy tad nd formed any impression
ssp Of what ths evidence wa, a. rh,i the coD-
EDenis were; he thought ths Aasr we're unfsvorable
r-oogec wbetber he hal resd The csinuoaus in a.
<-c p~psrs L opinion had always been the Same; he
formed any; be had creed the suhjec bot
ory siated h belief that are couf be convcse3
sra.ed up ~b Il, ana thai 1pres.Ou was saII % lbs
mind; le thought he had hlss her u her
.aso oIanol ~ ~ the fscf ~hethcr marder
, ssmnisied al u4ai tplo
cvsszsndnei by Nj HsL--ile understood by the
's-m "biss' lcauns 70 SIDE; be had leading against
ns es-iusendihg hs opnop ths der. Wa ~ cyidencn
-evvwfSert Va COW CT Der.
y The ts ~ your MIN ~ 7tysh cbsrrc<rr az ,.ai
~ypo uins you can rid ye,r miro Of Or tLs isTT
Uhyecied 10.
The coert-Thai " az .b dcDcc W gutD the rier
Snd e ~ ruii ~ lie 0cpFt Appsals IN tho css. Il
Sf<sstAn v. Cymftnk. ga
AmwcT-le Oh NJ, thns he orvs remove the b.ss IRON
nt InBd Without evidence.
ne u'ers foand ttsi A. N.acsey va M iudl5ersni
mi nc wac ercrdugy r-s.csad ,
M tchsrJ }. sS,dstn. Of nv Slnl ~srt n,st an
y vered 10 b name
DE wac Challenged ~ n n rel cause ke haa formed
ar oppressed an oIsnot tue guilt OF inno, nee al
cunningham, Sod uAi o5atsOu svA remained his
rno ~.
.se examined ~ ", Hsli--Tns, Jtipon was bon a.
pte qualify !" IN evtheuce md " Tie gtst or irno
osns Of Of the party. Bajecied.
Josu X Dsber 81 lio seventh ward Ieu ans seted
On ahc challenge for principal canss - psd ha hat ..
xwwped unn that decided stpc. ISosnr "A
oynen ~ the lsra p'ut 81 ven suAust by ms Honor
had Hn