The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-09

tile q friendly, we think we have right to ask the
witnesses whether hey have beard anything Or
seeD ANYTHING In the conduct and coaveYsations Of
these parties, when together, otherwise tnan
friendly.
The Oourt--I did not admit such questions.
Defendants counsel-Their substance, think,
was the same, If my recollection is hight
The Oourt-Your memory 0oes not serve you cor
rectiy The question put to all the witnesses WAS
What Was sstd and done by the partiesa
DEFENDANTS c1unsel-The distinct question was
put. Did you observe any quarrel?
The art-No.
Def Ssnt's pounsel-N was put to Mary Donoho.
he CcWt-No, they were asked what vas said.
De,endsnt's COUNSEL win adopt row the qoes
t,oD designated by the Dissrics Attorney, DID You
neor aDy quarrel uDfrieDdly in the least degree
ss'ile language used between Mrs. Burdell and the
The Court-That Is the same question in snother
form. l VIII allow the question, What did you
Det.Ddant's counsel We except. Your honor re-
ssp as wac ssmitfed Oh through the case.
TIE O. urt- committed one error, do not pro
pcee to repeat 1t.
Dtfe, dsDt's counael-I wish the ruling Of the
Court upon this question: "What was the dsmsa.
nor fttm oDe 10 the otberl"
The OOuyt-ybat is proper.
WtDess-I obterped nothing that attracted nv
attention az bling 6ifsreDt Om what mghS be Elk
pec'eo fm The relations supposed them " sustain
tOv ards each other.
DEFENDANTS oounsel-To explain thai answer, 1
will be obliged 10 ark what tbose relations we're.
The Dissrict Attorney Obje cted.
Defer dsnt's counsel-Tben ] will have tn ask the
question sRsin. Q What was the demeaDor - one
20 the other! A. Not Inconsistent wish the fact d
he, being tie tenant Of Dr. BuIdel, and he residing
IN 'he sane house, as dentht That Is ay mean
ne, sir
getner? A. On Mondcy morning, as far as recol.
iect, about o'clock. - between SDd III.
@ Sta the circumstances that TRANSFERRED when
they were together. if any. A. The occasion was
a converse ion ON the part Of DR.. Burdelt, my wife
Mrs Cunningham and myseH in relation t. hide
professional business by Dr. Burdell for my wife;
that was the occasion OF the conve rsation
Q Fad the defendant anything 70 DO with the
Ir fessiOnal business except introducing you? A.
Not that ON aware of.
Q Just state any conversation that you recolIec,
when you we're together. q. do not think l can
reIess sentence correctly uttered by any enc.
q. The general substance and purpcrt Of It? A
1t was in relation To an arrangement about piece
Of work that Dr. Burdell Wa about IN perform, and
sbich became the occasion Of my wife staying be
bY me when went bone; it was Q conversation
in relation to that general matter, but could \
repeat sentence uttered by any individual.
Q. Has the defendant visited your place at Gosh
n. doctor "A. She has
any Of her daughters? a. think that
sbsus seven years ago, . very short tine
1Iler ny ulkt rem oval TIOm TINS CITY Vi pO6Den hDe
~ ent sOD'e TWO or three days in our family.
Q Doctor, do you kDnw how your son came to re
side in the defen rants family2
District Attorney object to this, a. immateril
Be did reside there and that is sufficient
DEFENDANTS COUNSEL ask the question whether
Il wac oy the appreciation Of yourself and wife that
he did res de there2 A. 1t was.
Mr. Hal objected.
Defer dant's COUNSEL The circumstance has been
nislepreeented.
Mr. Pail Not nv NM
DeteDdspt's counsel Not by the District Attor
ney. on this trial. confess
The Oourf-Well, Jon must noS go into what
nspsphed elsewhere.
No cro6s-examination.
DIR. CATLN's TESTIMONY.
Samuel II. Catlin sworn-examined by defend
ant's council
Q You are physician by professien2 A. Avn.
Q. Where dot on reside, doctor? A. In Brooklyn
q. Do you know the DEFENDANT A. I do, sir.
@. For how kong have sou known her A. Fo
Ave years.
Q have you been her family phyician2 A.
~ss while they lived in BrooklyR.
Q. That was during the lifetime Of her forme
tustsnd? A. Yes, during the lifetime of Mr.. Gun
rir cham.
9, You We're his physician at the time Of hi
o Be kind enough to state whether the de'endan
aas affected with rheumatism, and # 30 sta,e th,
particulars and eftcts2 A. Three years ago. OF
.bont thrse years she had infan mstury rhenma
ITEM, affecting bath shoulders mere or less. NOR,
rarticua,y the right elbow and hand and the joint
OF ,he hspd.
Q. Whist is the effect, doctor, upon the JOKES Of
Ter handsy A. The joints Of her hands we're very
Q How are those rints still affected IL they ar,
snscfed-bave they recovered A. No, sir, not 4
their ma ural COL dition.
Q That is, the joints Of The fingers where unitet
,oe hc n "a all L. A Va as .~.U mr.
a,aed.
Q. They are MT in a natural coadtiou-how L
that with reference to the right hand, doctor? A
The joints are enlarged in that
The Cont IL ives the right hand you weN
speaking Off A. Both hands were affected more OF
,ess the right hand more than the other
Q What effec, do that have In reference 10 tbs
strength Of The hands and armsf A, / should thinl
II would stisen them, anu also weaken them some
what
Q. State would SIC have as much power to grasr
now 10 before sbc was afflicted with the rheumatism
A. fbould cay not not.
Q; Would her a1ength be TO 2 very small extent
or to great extent, diminished by this cause
Wbst IL your judgment A. should say that ths
strength Of the joints affected would be very mnci
leatned.
Defendants coupsd. to the Court)-I want h
undertsf one point; understand some ruling w,
made by the Court ss to the experiments which
stated In my opening. This witness was one o.
tbtse ubo made The experiment.
The Court 90 not consider IL necessary, and
stated my reasons.
DEFENDANTS counseI-Your honor answers tn,
fact In our favor.
Counsel for prs.ccution-I viii ask you one ques
ion. Wbfn DID you cease TO be the rcguls. meaica
attendant Of Mrs. Cunningham? A. | think il va,
about two yesra ago.
The Court He said that It was when Mrs Gun
niDsbam went from Brooklyn to New York, which
t. as about two years AFRO. / believe We all under
stand that
Ca~...I 10 -- 49, II,
ton, because be gives HE present preston Of tbt
pietent state OF her hand; and wish 70 show thai
be has OF been her physician for two years.
The Cosrt--He says 10.
Q. When was the last time that you attended he'
professionally. and win You tell me what Il vas for
A. Do not know that attended her profe s~ionally
after she len Brooklyn; san her several times at
ter that and ~ Meter Of interest examined he
hands % 70 their condition.
The Court Have you examined Der hands within
two yesrs7 A. Yes, sie.
The Court Go on Mr.. Counsel.
Were they az all these times In the same stat.
~ "a sna2 prDfccniOn A M