The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-16

nd opportunity, Who had motive for ~ perpetrsnoa,
. .so sns sns and
nat EckeA snoderAss ana Ars Oun ninsha0 posseOsd
me mans and Opportunity Of ps,ps.ssne the crime a.
upoO the .scosd pou,Had sse psraos possessing such
and opcoytar y any motive for mitsing The
bloody dees--den,ards your serious attention.
xpr that the 2ssh October lasl Cunning
del were married BY the Raw Mr. NaTvine or the 'scs
Of . marriage having been soemrixed and TIA, u
soubI But WAS The persor 70 whom she wss married
Fu-oel, some one eses The testimony Of Miss Ausa
60 sea. S, 5,0vei Pa sor sSfssa
whether her Testimony 70 be relied on, when
pears to mind 10 be couadctee BY al the attend
circun stapcee Dr. Burdsil never aokAowiodeed mis-
marriage with Nh Cuunrg hsm, but, on the contrary
spoke Of ter which would lead 10 the infer ence
ever taken pssee ana conduct Of hrs Ounnins ham
10 appears every motive making her mHrrage
heve .hs, n marriage Dr. Burde had taken psaoe
he would have allowed hs ~ifc have her alleging
spArtre II room ining % and communicating with
the bedroom OF Eckelf-,hAs no would speak Of
hss % mere tenant and occupant Of his house,
o. whom he was determined 70 get rid on
neas out Of the house, and oonduc, himself ai.sr
We 2sh Of October exactly had before that
ss,sn,,on 70 the evidence Of Mr.. oh.sScId and "
rhay Tor their ttst tends 70 thow Mat about
snd Mr Cunninr ham We und The latter mailing uss OF
expressions hcr could not be coralsons with truth
Hnd would NOT have been used by Der bad she bsoome
re wife or d Bufdcll 1t the date indicated by the
marriage certificate. The question whether Or. Harde
wan DO. mNrried 70 Mrs Cunningham hes . most
come to the oancls.,oa sns. the marriage Of sr Gun
Mn ehSm was with Bckei, skrs Tor tnAs purpose tue
i've Is shown, bo,n in sr gckei ara Mrs. ounnmghau,
hS puttee d. Ha dell out Of way. the widow 81
sonsoersble aoperty; and abe Sus Ssd pesanisry IN
teres' N his des,s; sod TIE marriage was with Ecse,
party 10 the iaud, necessarily looking forward to the
bent nts TO reeut " MIN there'rom In pecuninry point
Of view, as the de focto husband Of Mrs. Co, ningham
Supposius this fraud 10 have been pefperated, dsm
QUIT 20 conceive 10 what way ,he parties could benefit BY
n excap: BY Dr. Burees death 10 consistent With pro
beby thai the psr''es ooncooted the fraud H. Ia fAc
was oopoocieo without any ulre,,o- OBJECT Of bepedt
irom t-wisbout, atSne lime resolved on, having
In their nnds como definite plan Of scon 10 reap the
NUTS orNs r. rs contrary our expe, OF human
nature that will commit fraud Without motive,
End conversely, sh.l he h.d com mi.ed such fraud be
nod motive 70. doing Il. 60 again, two parties jim
b committing fraud the natural Inference IN that each
sd ersors ssouS Is U soe oo nss ne
marriage Of Mrs. Cunningham was &c facso With Ectel
md .ot eth Dr. Burdel and II tho evidence sa.snss
m ,he blood Of rs victim, don't see now can como
10 oiaer conclusion han thai Mrs.. CunDisghAn
have beer and party p-vy 10 and counselhpy, aid
NJ and abetrg Eckel In the commission Of the murder
Nhsse however. ae Questions entirely for Jour const
sbe i.ots arpsarrg in evidence. H. gentlemen, you
should 10 tee conclusion that the marriage Of Mrs.
wi.h EcxsI bus with oher person. them although ne
presumption CT tuh from 10 ,nyes OF ineres, would re-
main - 70 MS CgnninfhAm a. TO tckel would DC ca
nseiy removed Tue evidence respecA Mr. SnodErAss
weaker than that Against Ecke ana hrs Coming
A 10 him. ahc sh apparent that he possessed the
opportunity OF perpf,rat.ng the there
n proof Of any motive similar 70 those which give
weight TO The case as ssaas Eckel and Mrs Cunningham
Sfi, however must call your etteatioo 10 the evi
benoe Il snodfrass He appears to have been
ierms Of intimacy with Mrs Cunningham and her
dauEhteIs He In the house the night OF the
murder You viii ssy the ooold been
COMMITTED by one person alone you are sstu-
Asd person Engaged In the actual
sonmssion Of The murcer aud exc,nde Ma Canning
ham dsqgh <rt and the female ssrs go, fro n
s 10 the aci then you oonsit er whether
roo can SAFELY come the conclusion that ano1g
. party sicing Sckel in The bloody tragedy.
must tell you that pIiy 10 not % DC impic,ted and
usl here the case 10 one OF swroion only. To
nry ct against any one gu mus, be sauafsd By
evidence thsl The n one Of more Than scspicoo
BY your vereio committed aiding sbetug the
Of crime. Considering great attention which
MAJ IL. beeu adduced sppeasot with gres accuracy
he public pspers Ishsl 60 over the evidence In desa
su, win place II your hsno, woet 700 retire oopy Of
gentlemen. phal be blamed for taking this oourse, be
saw predicted in one o. the papers o; Thursday
hast that should PROBABLY esstirs DAY
fine Coroner, while the reporters copying
Bin manuscript, stated that be lad a particular res,
son Tor kaicizing ,hese worts The reading IVES
ihsn procecc % snsl-i m, summing up q The
case, and that preoicuoa will NOS be verified,
a. ..sS me Tor prssunts o Misty he pre-
Iios,op referred II, co not shrink from the task Of
going over the evidence in detail from any de'rs to ave
testimony In print and BE- rierrec 70 by voc On your
retirement dssersie on yoes verdict Considering your
attention 70 the csse, has progrcsaec considering
:bai THIS y not The tribunsi before when ue guilt
Innocence OF any pSy Is absolutely nyed tesi the evi
testimony TO be sfed and weighed BY the presidng
Jodse for the guidance Of The Jury upon
justice viii be best promoted py the sdoptson
Of The which Upon due deiooFaon rave decided
. axe namely sss y'S nc % eIs o. noe sv
Jon refer 20 in de'A you should deem u reoesessy
70 eo,o there H. however. ,he Evidence o. one .isoess
sservEncns en- nssn the tesnnun, Of sne wiiness
FUreii, which Was taken on the 10Th lost iensiemen,
decide on the degree weigh, ,hsy think d. gvo 70
each and every witness terrifying o,iore them Tnoy
have the ADVANTAGE no, posscssed by ihoso ousde the
ocuri, Of seeing tho manner and deneanor Of the wit
ness ,e.,fy.ss and before any w.xn. c,a be ~
INST be ,s.,sed tss. be Is TIC ~itDes, q
truth and comes fer ward 10 tpcsk Of facts OF which
be ootpirAni snd no. 70 re!st tale u. product o.
kjr invocation The impressi % >de on my nind Of
Me time YES, Still remap,, ira' ias wness shose
name hare mcrtorea vN Tie -aacss o, truth; thS
within his own tBOvease; and 4 The same impression
Wa made on yocr ines tnen ths ext qoe'on ss you
vii sst yourselves ,hs Couid tie viiness been
nsiaksni-hsd be the means ana opportunity Of seeing
shsi NE psrsp WHO came dos IN ais shirt sleeves
lev minutes amer 'hs person twhom &C nave reason
~s Eokeii ,or believe that ,he witness IN
question the witDess Of The uutt, aud ~as no,
msakoD 70 his i1c e1ii9csiitu Of Ecke, We have
tbese facts c,,aoa,hsa mat within too minutes sfser
Du. Burdsn entered TIE house q cry heard
within ~ beng jared tna; suca CRY vas
sufoery lout be heard outs lie me house that IL
snoher mn utt 20 oil IA suetCc, AMI Eckel taco 40
peas Tie front door, tkcrc On TIE SIDE
pust o. that door STAINS VII ria lcf, band, W.
vr'h The blood of his victim, proof OF MS gcnt
For purpose 70 IL, frUEt door we cannot
Pos tveiy say buf may be rierred--ard thiDx tae
biereboe IA q Dxiural oue-andnE tna; 5s victim vss
despatched and hsvisg murdsrers fears tbst toe
ofies nay have heard D. tome person outsdo he
vtutured 70 e door W saus,y himself that they hsi DOT
'tn beard, thereby Fur nhns tee strongest possible
Isl evidence against himself that be vas tns
mufoerer or Que Of he muroerfFs. than
ogAged IN this horrd ukgtdr. Thus, gPntlenso ~
wbal terms accident bot vhicn utT 90 more Fly
the 1i nitrpO-ilion oi hat Beins VINO
gunss and loVerns ALL and from whom