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


sgPpo;r leather and ~oop aad Oen suroea W ne
house ON II o'cioi Ill, what would the oor have bn IN
III. houss how would hsvs continued % a. ~ o.
sn. in the hou.e A have 10 sIy-Eene" IN ''e1 matters
q sled you Yesterday whetSsr ;hO-e .n:I . "a
believe You answered No but A.: not ooo.et
IN paper vh,ch rad this m"rnns III 70" II f'E
yadss-oh ye., he ,n..,rsd tat. ,,,,o,.A,..r, wan.
70 b. have o. i .ald in p0s.Sk"
Cros,-srdr nation conducted by w. Ca'h.ag
Mo SS1 1s ssTs si;snded different oOai0a'
for yes. and half A.
sG9 one did You aizs man IN ' hS
Thr wbote msnns Of ID, D.. "a. hat Correctly q. far ait
did iof A. don'i think !, dcn- correcy-any Off;
R you :; . Sss. or A 4 sid
Witnsss-Of.ho examination that l. wa present at
Wtne.. wa. merely determine the external appear
snce wounds and their length 50 - TO decide whether
Ia, knife could heys prodqe d the wounds. - ,
Mr. CuhingWs not iha; al the Object oil any po nno'tr
on III. body A. No might have been more extensive and
Cno Won ,. the direction and depth by probe A.
S ' %Ssn ' You sW NJ CUNNINGHAM. and your suspicion;
' Did she have on high uecsed dre.. A. think !, was
O. o'' How low A 1t wa. not low nessed drs'.
Mrs. Cunningham herr arose
4. was very much Ike that that A., v ,rr over, No
X H took hSd % seT hsnf No. Sid you 'o "
Q TtS your looking a; wha, little wr exposed did not
cio.eiy sIe did not observe anything ,.,.
voS hint n YOU nssh that they ia not Burde
A. Yes and think they came ,rom me assassin s p died
YOU ~ do ono NOT Ti ipow T, ~ A. No. ,,,.
Q In reference the kueweee Of anatomy which The Per
tom ton it tm.. .i'. A. don't b5irve could
d.pnd upon tie knowledge bu, might have struck many
| times and not made many good blows. ,...,
A. What Do you mean BY bad blows, once saw body
| With tw,n,yfve wounds and only one mortal
1 n u ,ha hat WAS
Mr. Cu,Lnr-1his wound in the that made bstas
OF after The hound 5 in s t Rsf have told had IT,
O. When the blow struck the Doctor didns nave hodoi
anybody A. / think the blow was struck when his arm
Q So4 as.,ne that such Dr. BuEdeu would have
O. That ii he had got hold of the person. he would have
ka fpiture exhibit any evidence Of the struggle
| A, There nothing overturned or upset .o,.,s.s
| The examination Of DIR. Ch was here concluded
Mr. Hall here offered in evidence the paper signed
| Harvey Burdel," containing agreement between
| him, ELF and Mrs. Cunningham. This was published
in The TRIBuSE during the progress OF tne coroner
| inquest 1t was the lease of the house No. 81 Bond
street which expires May 10, 1851 IL was written
throughout in DIR. Burdel's handwriting 1t reads as
| follows: 49,. A., y
Cunning and the .nde,,d are &C cd i1iwi and
| her family my friendship through hf. - .,
Send f Mr. c sG %I nsi any
n and occupy A 9Sne sS 81 tho hone nit. ',st
| :, ,bs va, Of |. slO a wear HARVEY BURDELL."
| The parts of the rbove which given in italics
were boted the paper after they had been written
| by an ink-lne drawn through them .
| Mr. Hall-Wth the exception ct MIR. Mcguire
| the direct testimony is concluded.
,Judre Dayies-The case is with YOU gentlemen.
| Mr. Hall-To save thu necessity of calling the at
tention of legal gentleman to something here an adj
81, !. admitted tina, on the 18th of October last Mr.
c..Hns'% IN, n ooSs n the So
| Cor of
Supreme Court One action was for breach OF promise OF
.n h Of &c, sn. and held to ball in the aggregate
sum $1,000 that both of these actions on the I'D day OF
Mr.. Desn-If your Honor please, we have motion
to make. 1t is that this prosecution be dismissed.
| Mr. He'll will state my objection. The law in
the statute provides that where two defendants are in
| dcted together and are on tral-and SUCH has been
the lawVthat motion may be made to the Court to
instruct the Jury the termination Of the direct evil
dence for the prosecution, that in the Judgment of the
Court, no case has been made out against the
other of the prisoners upon trial. with view of cna-
bling the party who is thus put upon trial to be put
| upon the witness stand. But, Sir where party is
aone in the Indictment and the prosecution rests their
case, the jury must pass upon it, The defense may
may not put in testimony; they may go to the jury
| unon The direct testimony Of the prosecution, but
never heard of such thing motion like that made
| by the ether side.
Judge Dayies-I will hear the motion on the other
| side.
Mr.. Hail. have to speak further Under the guise
| Of motion, object TO their making an argument.
Judge Dsyies-I deny the motion, gentlemen; you
| had better 60 on.
| i.r Dean-The motion was not finished.
Mr. Hall deny all right of the counsel to make such
| O motion under any circumstances.
MI Dean-I can refer the public prosecutor to case
| in which thin motion was made.
Mr. Ilall-1he gentleman refers to the Lutener
| MI Hayes-
| BIZ Dean-No, il is not that. Our motion is that
your Honor direct acquital as il stands unless
the public prosecutor call witness Mr. SnOdgrass
| Mr.. Eokel, Augusta Cunningham and Helen Cunning.
ham parties who in the house at the time OF the
| homicide, who capable Of committing il, and who
witnesses before the Coroner, called by the prose-
cutor and say that for from this being unpre
| c9dented motion, il made in the Austin case at
Court If Oyer aud II miner held in this very building
ard granted One Of the witnesses was IN Illinois, and
that was admitted 10 be sufficient excuse for not cali
ing referyour Honor for another case to the Queen
vs. Boil in g Darlington and Paine. The Judge in
| that trial said:
The object ofs criminal conviction but
TO arrive at The tIrt Ard the public prosecutor nesSts to
the crime OF who are position to have committed them
! fsrte the benefit Of crosse examination
Your Honor will the propriety of this rule there
| is no preteDse Of evidence in this case.
| Judge Davies-You need not discuss what the evil
dence is. IL is not proper 10 allude to that If you
asfed 10 Let the case SO To the jury will dispose
| oft.
Mr.. Dean-The question is whether the defense have
not right to demand that the prosecution put these
witnesses on the stand
Judge Davies-I certainly should not take the
| out of The hands of the public prosecutor.
Mr.. Dean-Your Honor will not be bound, then, by
| an authority Of the Oyer and Terininerf
| Judge Dayies-No, Sir.
| Mr. Desn-And the case in England
Mr.. IIall-Iu England there is a peculiar rule that
| the Kings counsel must call every witness whose
| name is iDdorsed upon the indictment.
| npRr-Np