New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-25

s . 60 s.~-,n; "a the claimant ard her daughter
a. The lsaNs who were present OF the noPuasi 81"
ssv the co,pee and testified Il eeu.a ~, ,.r;ed
thou,ht il looked very ike the man that was ma.a;
bpt couldn't say whether il was him or NOT mi
sa;d !. Iook.d Ike him, or resembled him. tos' 81
aid - II told him the Coroner couh not ~
the same mar on account o, ,ns hs man living
could give better guess, but, seeing the usn Ieau
Il was pretty difficult TO give guess.
Tie daeuerrto,ype looked like him, and maj was a.
s.x. didn't say it was the man, and dldn say II
~s.nt nor I can't" . " could not see whether II
vss him or not. only ii looked Ike him. flnsny,
vhtp INTERCEPTED before noe ss TO her beei oil me
identity she answered, Il ean's say anu is'uu~
sps ak more definitely. ..,..o
There was q large mas, OF isstimony re!a'lSe 70
DR.. BurdeMs personal appearance. Inc kev: ht.
Marvin described the nan he mar1ed as naVDs =
mcustsche or and large wh'.srs sIeu, Tue b,ck
hair dark. medium in abundance, whether Tue isve
wa. full or thin Dot recollected complexion not isn
nor very dark hight feet or mehes, weign, 10
or 40 pounds lie was GOV 81 ND D9 :. v,,ked some
tbinc Ike man OF 60 or to-" lie says, " DO MOI
,emtu,btr TO have caught his eye ct any tune. He
was neither very cheerful nor en'husia'''c IN
DR.. UbI said the decedent had two dlne T1
m.rrers that in regard TO personal business Oh 1e.i
cate nature he spoke slowly and there would DC Jns
intervals between the sentences ana a. With th;s ex
cfntion the hole body Of evidence IN the cause et
bbits Dr. Burdell as quick OF speech ana aiaaa ."
motion am inclined 10 think thai IN statue' u ~
csriaOe there was some inclination or STOPPING. Ice
The natural color Of his beard was hght pfo"u'
mixed with gray; but he dyed his hair, the appesl
anoe varied. At the time CT hs decease !! haI T.
receutlv dyed have no confidence IN TINS mode Oh
;6snti6caon il can rarely be satisfactory and, cer'
tanIy is rot in this case. There may be general ni-
ialy in many details and yet great difference IN 'heH
a,tociation In c0atorr, and in expression.
The combination and arrangement OF tue nuhaa
features and line auents ordinarily 30 UNIQUE IN
pstticulsr person and the peculiarites oil lhdVIoa
expression tone OF voice. gesture anu causistsnce
or friend there can be very slight chance OF mls,sks
persopal Identity Still, We constantly meet WIN sea
ers az well as particular resembances atnon9 'o 'uu
lion. of our race which often deceive Inc cssua ~
sS,yer And which where frauds designed, may easiy
he made the basis of criminal personauons' win "a.
Aid of art TO help nature. 1t obvious mat IN al eho
to pass courterfet partner 10 manlssI aOo;n,
there would he en- attempt 10 come as near inc enuns
"a possible. Certainly, all startling discrepancies
would be avoided and The closer the appronma1onto
similituGe the greater the prospect OF success
corstent the retore with either side OF the Issue IN a
csuse that in the inventory which has been made 81
the features and characteristics Of the person OF
The decedent, and of the person marri'o on .ne
18th Of October there should be som. genetai Ieso
bianre For exam pie, as TO height, 1t would nave
been folly 10 preseut tall man IN the place Oh 'ne
decedent. Then, again, il must not be oyeilooked
that nar.:cula,ities Of the voice aud manner az
sr,peeu ert of the hair and carnage OF the person.
NAV al be initiated more or less closely. In these re-
spe cts personal friend having tair opportunity t9f
obser, alton could not as general thing De deceivsa
Fan liar Intercourse produces that KIND OF Ano"euSs
which acts nstantsneeusly, ny an lmheuiato enu
single process of recognition. We DO NOT, al every
meeting with acquaintance, begin TO compare
features ara re the question OF IDENTITY out"e
recognize the whole OF Jet az living unity changes
| in personal appearance, consequent upon sickness
arrangemen ut or color Of the hair do not unless tno
departure be great, diminish the power OF recognition
ard dress has very little influence, Mnere pJI'Vu'
however are not familiar these circumstantials are
Of consequence. II, therefore, the intercourse mas
been slight, il is important that the elements ior
comparison should be as nearly alike as possible.
in older to secure recognition The hrst difhculy
| in ,be pre.ert instance is, that Mr. Marvin was
called t. Judge OF the identity OF living Deng ana
| A dead body. The decedent came to his end by
sudden and violent death Dr. I'M HI tes tS cTsum
stances he would hardly have recognized tue colpse
DR.. W. b. Roberts says the whiskers We're s !e ea
blscker than eyer ana ne sno sIau Iu Nv NJ
Marvin Oh Sunday, tho appearance had become more
natural but not 70 mnch as on succeeolhg uays,
do not observe, however, that Mr. naL'in poIi.eo
out any other marks OF resemblance az inc secVnu "a
amir alton than were noted at the first view. Az the
beet the differ. nee between life and DEATH the wound
in the face the change Of posture and dress the co'eo
eyes the rigid mouth motion, gesture ana es Ga
cone all tended 10 present different elements OF COM
parisop Of these dffereDces applied 10 tae "a
guerreotype Likeness, and is matter OF common oD-
seiyation that even this mechanical process Of por-
L
The power Of perception and accurate observatioa
apd the memory OF forms, vary largely Mr. MAI
vim states hat he possesses no unusual faculty IN 'ns
| respect Dr. Iarmlee testifes he said to MIN, tie
was not good at recognizing persons" :. that desth
| changed the countenance much, and he not beng
ready to recognize the person by sight, he dd mol
| know if he could have recognized corpse even II
| il had be en- the man lie married..
The opportur tiles fol observation in this case were
slight All that occurred at the three interviews ght
have taken place within thirty minutes, certainly
within an hour. The interviews occurred 10 the space
of tweuty -four hours, ard presented proximaie sue
cessiCH oi visual Dpre ssions almost like single OBJ
.ervation and not such repetition at distant inter.
| walls as would call for act of the memory AND an
effort at recognition; There was lapse OF ,nre e,
months between the dates Of comparison. Cnder all
these difficulties it would not have been easy Tor q
person OF ordinary observation to have pronounced
with positiy upon the identity OF the two OBJECTS
| Let us see, however, what Mr.. Marvin did and
| said when fret called 10 testify. lie vas taken TO
| view the corpse, and then requested To stare
whether that was the body Of the he had married
This was done twice, under circumstances OF such
| striking responsibility would naturally arouse the
faculties ana intensity their action, and lead him 10
probe MS deepest recollection. There are various yer.
sions Of what he sad on these occasions. and al ge
part of the time of the Court occupied az the trial
In he effort TO exhibit his statements and conduct In
repoits Of conversations from different observers
rety is to be expected the substance being presented
| through different minds and memories. Sometimes
great ard papabe errors occur, but IN the evidence
! the point now reviewed there Is 40 much sub5tan-
tal harmony between the witnesses and Mr. Marvin
himself that | prefer TO use his own language, es-
pecielly where the corse and operation OF his own
| mind are under examination, and the witness has laid
i bare with ankress and candor deserving respect.
On the Sunday succeeding the oecedehts death, Mr.
| Marvin states, he did rot recognize Mrs. Cunning
ham at all. Shortly before he was examined in this
Court he visited her st the Tombs, and he says: /
went and az the fret lock Of the woman ii flashed more
| upon my mind than ever that that vas the woman
had married; or in other words she then resernbled
| mole the woman married than she did when | saM