The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-11
ny conditions whatever; all he wantci was to get

under conditions whatever; all he wausei to se
her out OF the house
CAPTAIN DIL,s' TESTIMONY.
Captain Nlks, OF the Fifteenth ward police,
amred and testified tina, no had charge Of the premises
No 81 Bond street during tue quest made search Of Mr.
Eckels secretary on thai occasion for papers denaed
papers produced those found there Recognized the
hand Sring on the envelope as Mr. Eckels Mrs Canning
ham SAID the papers hers and asked for them from
was in the when Rev. Me- harvine was taken
in body the first time; he taken there by
direction of the Coroner when he went up he examined
the body, which was laid on the bed aher view
ing II he shook his head, and in reply 10 q ques-
ton from the Coroner, ne said, "The man ] married
had longer whlskers here(puing his side wbskers)-
he other emsrk but whether there or below
stairs say he said there something about the
mouth that bore resemblance something he mad seen
before he did say he could identify the body that Of
the man ne married. he said there was resemblance
about the mouth but he could not dentiy the body this
not his exact language blu, i was to that pmport'
below stairs he examination of Mr.. Marvine princl
pay conducted by the District Attorney; Mr. MARY Inc did
not soy there we're points of resemblance; he did not
make of the word ''poins' at ALL was behind hin,
aud he did the stand ray there points OF
sembance, any more than what have stated about the
moSs showed him Inn Ssgaerreotype Of the pooi9
scribe tbe man he married before he went up iuo the
roomS A. No. sir Q Did he say anything more on the
stand than that the man he married had larger whskers
A. He said the man he married had longer whskers up
about the face and he thought he light between
the face and the whss ers and he mentioned it his
wife. O. As to the particular question OF the Coroner,
the body OF The man he that Of the man he mar
ried, did be say any thing than that the he
cept about the mouth.
Cross examiaed-At the inquest was acting In A.
mand Of the police reoolect book being found belong
ing to the Doctor, and juror calling attention TO date,
but whether that an entry made by the ,ctor of fill
ing tooth the 18th Of October do not recolect during
that inquest in aud out OF the hou my es
quired recoect that the date in the book whsever Il
was, accordance with your (Mr Cln,ons) theory
Of 80 ne fact with regard which there a dispute
do not rec the of witness examined on the
first Sunday of the Inquest except Rev Dr. Marvine do
not recoect the testimony of any other witness o ven on
day d0 gof
the next day. what they testified to; running
in and out and did not keep the Of The Witnesses
present when Mrs. Cunningh am was shown to Mr.. Mar
vine to If be could recognise her the lady he
red; WAS in the same room where the body was;
said he did not recognise her; do recolect that
that particular occasion the Coroner refused Mrs Gun
bingham's counsel admance to the room; do recol
ect seeing there but something occurred about the
Coroner making the counsel leave the room; after Mrs
CUNNING CHAM brought into the she aked up
Mr. Marvine he viewed her very attentive she had
nothing her head after looking her he ked 81
have no recollection OF ever seeing yoa che called to mis-
mind that he bad married her the 2Sh of October,
and described the dress che wore he then said the
he had married the dress she described but still
did not recognise herr the hair under the Doctors
about inch and half long, but the whskers the
siie Of his face short Q. Did Mr. Marvine, during
portion OF hs examination the stand recognise Mrs
Cunning ham as the lady he married. A. No; he recog
nzed Augusta the witness the examnatou after he
had given his testimony the st and he stated there
witness and the Coroner sent officer up with him to
see the young ladies' l was in and out Of the room
while the examination going on; during Mr.
MarviDe's first examination do not recolect anything
being sad about Augusta think she was not present dur
ing his examination on that OCCASION while under
nation he stated (ater coming down stars) that he
cognized Augusta the witness who present the
marriage; think while in the room the question first
Mr. Marvine If he could the Doctor the
he married. then he asked TO give his opinion
that my impression; am positive one OF the Questions
put TO him. not present when the search Of Dr.
Burdell's person was made.
Re direct examiuation-e State what Mrs Cunningham
said and did when brought into the for Mr. Msrvine
to recog her A. Nothing beyond what have stated
she took notice OF the body that recoect; her de-
meanor very quiet my attention CHI ely attracted
Or. Marvine during Sunday took charge of the
premises abou. l01s O'Clock in the morning. that day
was ordered to keep the members OF the family In custody
in the house; the order given TO the men first,
while OUT Mrs. Cunningham and the daughters
kept custody the house, throughout the inquest
18th the exception that they not allowed crowd In
on the counsel and reporters was In the room where
Sunday, only few minutes at lime all know Of her
being refused not the privilege OF seeing the corpse
Saturday Sunday is that she did not ask me.
TIE PAPERS IN THE BREACH OF PRoNIn AND
sLANDIR SUITS.
Levi Chaiheld counsellor law called and sworn
O. We're al davs In the suits brought by Mrs
Cunnipg NgAns, the late Harvey Burdel submitted TO
objected TO- Mr. Chstned acted on the occasion in
professional character.
wness-l retained counsel for Mrs. Cunningham
In two suits brought by her against DR.. Burde have
never her all the papers in those cases rev or
examined whatever did In the capacity of COUNSEL
and any infoy ! received In the capacity OF
counsel Were those the sidavs on which the order
OF arrest granted
objection renewed taat Mr. Chaincld acted profession.
ally, and the Papers were privileged communications;
also, that he never Mrs. Cunningham.
Mr. Tdcn said that the adavits not to be found,
be wanted prove their contents TO shoz the
Of the allegations made by Mrs Cunningham agAins, DR.
Burdcl.
Counsel for Mrs. Cunningham argued the objection
the question privilege aud cited LIST Greeneaf 237
show that the confidential counsellor OF party could
not be called upon 10 disclose any Information or papers
In that capacity. The only exception IL when
The transaction illegal one, a violation OF law.
Mr. Tlden rkued that the aiavits being records Of
the court and open the inspect Of any
one, could not be regarded a. confidential or privileged
The surrogate overruled the objection al this stage Of the
wi,ness-I never saw the afdavs after they were pre-
scented 10 the Judge, II they were: saw of them
alter ii had been to; have never seen Mrs Gun
ninghan.
Edgar Davis policeman Of the Fifteenth ward test
fed the correctness OF Captain bikes ostiml my in
gard To Mr.. Marvne's conduct when he examined the
corpse of Dr. Burdel This witness the officer called
by the Doctor IN the month Of september TO qie dis
urbance the house. which had arisen In OF
the charge Of stealing note, made by him against Mrs.
Cunningham hs has already been reported fully on the
nquest.) Nothing new arose.
Edward q. Cook, sworn and examined by Mr. Tlden-r
paying teller Of the Mechanics Bank, and have been
for twenty years have been accustomed to pay checks
Counsel fer Mrs Cunningham asked what they wished
Mr. Tiden said he wished 10 prove the gcnunenee or
he signature Of Mrs Cunningham IL the release Of the
2h OF January 1856, by comparing that signature with
another.
Counsel for Mrs Cunningham objected Objection
ed and exception taken.
The witness said that the signatures the
ON cross animation, the petition 10 the aud
affidavit on commission, signed by Mrs. BurdeI,
novn witness and he testified that they were no, the
same as those he had reference In his examination in
chief
The Court adjourned I'LL to-day q, 10 O'Clock A n
Theatrical and Musical.
NBro's GARDN.-rne programme FOR " night c'ntains
tight rope exercises Festival Dansant AMI Jerome's
excellent comic spectacle called "Bispco"
Bow,RY THKArsx Grip Van winke" AMI tduda, the
Sega Grit" with Mr. Chanfrau the lea ting character,
together with q good farce, announces this