New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-08
AFTERNOON SESSION.

JSaSe Davies-we viii take recess until OclOck
AFTERNOON SESSION.
At3 O'Clock, the Court having a'se'noieH' 'As 'e"-
~C TnfEsTiMoSY OF DR. BENZ. F. MAGUIRE.
Eramiaat,on Conducted BY NJ. M9H'
y bS ron know DR. Burdeu' A. Yes. Sir
O. Have YOU seen hun write A. very oi.en . W.
Q. You are. then acquainted VIII us 'A"D
The witness was here shown plumber OF papers,
MARRIED from to H. No; was Of not S.t III SoY iss.
in regard to a note Of Mrs. Cunningham "as ~ n'
habdw rtng; No. 3 was withdrawn; Nos. ana Q 70
IL inclusive were in his handwnng-as were 'Se IN
dor.ement OF No. s. the signature OF No. and the
filing up Of MOI. -,
The / AIDED pistol was here cautiously produced.
q Were you present when Dr. BuIdeA puTchs'eds
O j. rat the p,ol1 A. 1t iOOt. exactly lite 4.
@ How ago was the purchase made A. ABOUT io"'
DID .,e,wsrt see i in si. possession IA A. I.S did,
VIXEN be firing q. mari; be was firing In his cellar a.
candle. trying to snuf t.
O where did he purchase pistol In Chatham street.
Which side OF Chatham street A On the e hand side
0tss any marx the pistol by which you know i'll
O. Did you notice at the time what kind Of lock hadt A.
SSs Did YOU notice who the maker VAS A. aid not:
heard The time the person gho sold the pistol gave hun
,h.n amA
Q. Do you know that It was Colts A. know 1t was not
Colts. -, H., ,rs., l.. ,nr.h...,.
@ Were you in business with him A No Sir; ~ G.,
Ms'y sHa SiSSG relative Of Dr. Ye Sir hi.
s. as %G sa ST a had
been in his house, A. va, in bis house in April last
w Ws9s TGs on friendly or uUiriendy terms him
We were not on friendly terms did not see him "heR
Ma YOU cal. to see him A. Yes Sir; and thought the
business wished to transact had better be done through al "
q Did you and he have litigation A. After or about that
Sa,e p.apI wish you would state the relatives Dr. Burde
had in this city time Of bis death he had several
Ma tbs pame Of her hu.bandl A. George D. Baeu
O. Where did they reside at the time Of bis death A. They
Wb.t other rcIati1es had he brother Lewis Barden'
Ri bid he the srother) haye wife Ye. Sir n,
elO it /. above Eighteenth street - ,,
O. IL that brother deransedl A He i psEayl'd .h
q What do you mean By that A de is not able 70 ''A'
care Of himself; his wife takes care Of him, .A.s
O He walks out A. Sometimes. not often thoush.
G Did DENIS Hubbard or Worst live there A. Yes, sIi
believe she did board there with Miss orahan
L o Who was DENIS Hubbard vOOr't' A think her
O Was she related to d.. Barael A. she was MS cousin
O Was she married single woniau ~. She had been
DO Won know whether or no had procured divorce
| Mr. Hall .bj,cted to the question ,.,,.. .....,
nv her rom her husband through the fundamentally and at toe
yypsn.. OF DR. BurdeI A. lido not, Sir ,
believe they stopping both in DR. Burd.S house do
HV o She She and her husband A. think so.
O. you know the fact that she was divorces ir9 hst
husband the account OF the divorce Til saw
| Il In DR. Burders scrsp-book since his death
Mr. Hall sarded inquiry pertinent the issue
| The Court must exclude it unless its mstedaity were
Judge DesnYour Honor has been urged here that mo
tive existed the part Of the prisoner to commit this act, Inc
ty the expense Of DR. BuTdeI divorce vas obtained
living With HIM and at his expense and through his
fundamentally he caused proceeding. 20 De sommsneed o
| papers of which are on file among the records
Judge DsvsThe witness says he knows nothing about the
judge Desn-I want to prove fact which will make link
iuS,e psyie@Then YOU must ask some other question
Judge D,an-rhen will proceed Ine
| lived together at DR. BurdePs
! Nnness-I d. not know.
O. Wh,n were they .htrc your knowledge A. do not
O. Have you not any personal knowledge Of the residence Of
your r,a,iyesl A. had personal knowledge OF those
@ Did you ever them It that house A never did
| Q. Whtn1 A. do not know that did until after The
q. Isshe also a cousin IF yourl A. Yes, Sir.
| Q. Is she blood.cousini A. She is
O. How long time prior to the death Of Dr. BuEdeu hsd you
Judge DaysZMr, Hubbard and her husband trial
Judge DanThey are on trial here proof before this
Jury that the last person that with Dr. Bur
dell th. woDsn his mistress Mrs stansbuy 'wesr'
Judge Davies-The las. person DR.. Thompson.
the room in which Dr. Bardel va. Killed hi, Mrs
in that room. She not particular about the time
Judge Dayie-The last who saw Dr. BuTdeu was Dr.
| Thompsou who saw him as he was coming out 800
Judge DeanThc domestic him about O'clock but the
person that left in this this Mrs DENIS Hub
bard h, mistress say that she is on trial therefore
Judge DayieI cannot Try any issue Of ;hat kind here
other parties and the deceased well the prisoner
and The decreased to show motive on the part Of Gthe5'
WOMAN A. II may have been year before the death Vi Dr.
| BurdeIl; ! Iever him four times in my life.
Q. Did DR. Burdel have brother named John A. Yes
9. Where did he rs.idei A Ne Union square.
O Where doe. she resided A. think in Lauren, street
Q. Ia. she chld.enl A. She Lss.
@ Was she divorced from her husband before his death!
O. Did Harvey Burde and hi. brother John have law,uit'
prior TO the death VI Johnl
Mr. HALL object to the question az irrelevant and
mmasrisl. think this is carrying things too far, and
trust that your Honors mness will re6uke emphst-
cay the attempt TO lug in extraneous matters con-
corning quarrels upon the crossexaminaton OF wit
ness who, Judging from his answers knows nothing
about these thngs-mere hearsay evidence about d.
vorces and certain other persons not connected with
the case. We have them not on trial, but IT IS part
of defense TO put other persons on trial We ask
the Court TO restrict this issue TO something that shall
not bewdeT the Jury and take away their preudices
in a certain direction.
Mr. Clnton-Ths testimony il admissible in several
points of view. The Distrct-Atorney in bis opening
in this case-which suppose, he intended TO confne
within the proper sphere of openng-stated that
unlers my client could show that other parties had
motive fol- this murder she ought to be hung herself
That not his exact language but il the sub
stance Of his language. The legal rule within which
propose 10 follow out this inquiry is this: In the
frst place, without saying anything whatever deroga-
q n ri