The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-07

O. Did you rmsl anything odsnsivs, khs burned WOOL
10 you reoolsssas wAAs ans Of night yoO rs'rsa'
O. pid You bear any sounds that night A. None, VIVA.
'Ver' Do you know Dr. Bssdem A. never saw him to
| my know ledge ~
wAangs LII AND's TESTIMONY.
| Warren Leland wss tho next witness called. Being
| sworn, no testified a. followss-
O you are one Of The JOIN. proprieors Of the eopos-
tan Hotel, IN this ,ity2 A. Yes, sir.
| O. Did you knox Dr. Harvey BurdelH A. Yes, sir.
O. Was he guest or boarder At your hoassp A. Yas
| from 4, generally, until hs went TO his house.
O. Was he ioiscr, or day ooardera A. Hs was lay
O DID no hsvo his breakfast .hsros A. Yes, brsakfas.
O. wha, your breakfast hours9 All hours, I sup
O. What hR usual time of dnners A. From 4 20 y
| o'clock be generally oined abou,6
O. And what time did he generally breakfast thers9 A.
aui not so certain abou, hs breakfaa, hour; think
@ did you him on the day Of his kilbng-that b,
District Attorney Hal-sentlemen, the witness Is With
| You.
The Defendants counsel mot having any questions 10 ask
| testified "a follows;-
DIR. pAnMxLKK's TESTIMONY.
| @ Yon are dentist BY profsssion2 A. Yes, SIR
@ whs, IS yoos number in Bond streetq A. 80 Bond
street.
Q. Your house is directly opposite slY A. Not exactly
opposite; 70 Is directly opposite =
Q. Yon are nearly oppcsIte9 A. ! am door nearer
Q. How long have you lived there9 A. have lived
there ten years.
term H. on the Friday night Of the killing; your at
.eno In any way attracted - th house that nigh2 A.
O. Al hat hourp A. Well il was particularly attracted
tn that house about II might have been very little be-
fore II II was about II O'Clock.
Tho Court-Thtt ;s the Friday night which tho
Doctor diedY A. Yes.
O. By what circumstance was Is attracted to this housea
A. Wel was In my room that evening; In my sleep
Ing ROOM the large front the second story, until
eh O'Clock; then wes out and walked up Broadway as
far Eighth street; at the of Eighth street.
conlne hlm elf 10 the question.
something unusual in the atmosphere Al on O'Clock which
attracted my attention; have Bnce Dado up my mind
Mr.. CiintonNoyer mind about what you made up your
mind TO-
MIR. Hail. think Il would be evidence which you would
want TO get; but never mind; go on.
MIR. C1inion--You can state what you snielied.
The Court-Neycr mind go on
Witness proceededI at the Of Eighth street
and Broadway when tho lights In the Mercantile
Library and 10 that way fix tho time at 10 O'Clock;
then went home; the atmosphere then clear usual
went up 10 my room and remained there reading per-
Q. How long would Il take you 70 walk from the Mer-
camille Library TO your houseY A. Five minutes, perhaps;
in my fifteen minutes after that;
then called my dog and out again. and walked until
nearly il o'clock; IL might have been little before eleven
when turned go In for the nght whilst standing my
eteps there was aga smell Of something burning dino
rem. from ,ha. which had noticed half after nine O'clock
Mr. Bal-iet tho smell be described subject to the
dofendans objection on that point DeSribe the last
smell
wi.ness--It tho smell, think ssme burning
cloth.
@. You then stood upon your steps2 A. stood on the
sieps looking up and down the street, and trying make
Mr. Chnton-Never mind that
WtnessThe thing tia. then attracted my attention was
bright light IN the attic window, on the side towards u
O. In the attic window Of which and what bouse2 A.
| Thirty -one-this house.
O. Which attic Window A. On the side towards Broad
q wcl, MIR A. while looking at thai light 1. diminish.
wards The window; ,hen ahcd up again ard soon sub
sided again. looked there for the third time shat
| way end whistled 10 my dog.
Mr. Cntop--Sevcr mind Tie dog-lcave oct the dog; he
O. where was the ios3 A. Tie was on the opposite side
| Of the street, and would not come over.
Defendaris counsel addressed the District Attorney oo
The Court to prisoners oounsel-You should make yonr
objection 10 the Court, and not 70 counsel
Mr. cinion-lf the Court Please object, that what the
dog did or sad (auShe has nothing TO do with this de-
Tho Court instructed tho witness to confne himself 10
the questions and ne proceeded: My attention par
ucuariy occupied upon that house by the dark
nees Of tho house that evening; am out great deal In
po a sSs na Sssa
and II In my impression
rrHOncr'r councils tbs witness coming bcre 20
NJ his improsionsS No has been conspicuous enough
Mr. Hail. ohjec, 20 such remarks
Prisoners counsel--I have right 20 speak here
The Cour,-You have right TO object. VIII oontne
he witness " a ssa.e mont of The facts.
PrisoDer's Connective know all about tho feelings and
connections Of this sitnesshls undertaking 10 give his
impressions here.
The Court 10 the winess)-Go on.
witness-wben left my steps wen, over 10 the steps
Of No 81 Bond street, and went upon the s,oop.
@ by tho Conrt-0 81 Bond street, opposite? A. Yes,
Al Ntan thavo m n mart %
prisoners oounseli insist that this witness shall
sver questions csiegoricaly. Let the District Attorney
ask questions and let him answer them and stop.
O. md any circumstance and So what, sttrac. you 20
that spot A. went there for my dog.
q Did you, whilst tbcrc, make any examination Of tho
premises and Il so WHAT A. made no oshor than 10
notice thai II very dnrk--thorc vas no light,
Q. How hr upon The stoop did you goS A. Very near
O whore did ycu ton 10 TO- or what did you then doS
A. crossed tho street TO my own house; stopped in
about the middle OF tho street andlooked TO the window 10
sec n u was still light
@ And wbat sid yoa sosS 4. light WA siul In the
room.
O. md What was then tho character OF the ngf A. Not
az bright n had II before.
q How long dd you continue looking at the room during
the La, tlro nftcr you crossed tho street, A. crossed
the street and wont up n my house.
o where and wla was tae last observation you male
o. the prcrnisesf a. Before gctilng 70 my DOOR
O. amer yon went In yoa DID na notice The prerniscR
A. No, sir,
cr,es. examination ~ NJ. Ciuiono Doctor, you at
apded before the Coroner. did you pc from day ~ day,
whc he was ho.ang the hqae5u A. was In there mo
qaenly.
q. xss there day Diving The Inquest that yon
ma uIcre2 A. oaant rtsie positively whether there
was day ~ae nc, there, but think there
q To The best Of your Recollection, were you mod there
s s ssy a ,n sr1 sys ~1 ssy Sre n'~' every
q. Hos DO you hx The time when you hrSt went ont
hat evening" A. ~ perfect recollection Of looking ai
the clock; much kier than my usual time Of going
o1t
O. Tsl-pes, nine hief A. Yes, mveb later.
q. You spoke your direct examination shout
usual Of tho aiIn1phere that night there
sn,e Of burning olc4sns anything Ike that when roc
went out2 A. No cir, 7 don't know that there
Y. rdnt you speak 10 fr. hrr1ch farna.ee nephew
Of yours s ihs smell n burning clohlns you perceived
The early par OF Tho evening, before 90 - early rs 10
o'clock A. was--
@. merely ssEed II 700 stated lhatS A. aoar knox
that stated that VA burning clothing; said noticed
something
You are srss,ss o. Eesrs TIC eoeora'e