New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-05
THE MURDER OF DIR. BURDELL'
Trial Of Mrs. Cunningham and. J. EckeL
FIRST DAYS PROCEEDINGS.

this morning long before III clock, the hour apPohe"
for the nitiatory proceedings in the tra OF MIS- Onn
bingham. The large doors between that ana tue
opposite were opened, and the curiosity Oh Inc
public filled both rooms to their greatest caPacIy'
Every LAWYER who had brief and many who had not
were there Three or four deeply-vaed ladies IN the
corner al the right Of the Judge We're the aim oil all
eyes and there was decided buzz OF expectation
through the room.
warm of reporters took possession of the tables
near the ssstand soon after 10 o'clock, and anxi-
ou ,ttorneys who came in later found that possession
was ten points Of the law
The Distrct-Attomey Mr. a. Oakley Hall, was as
sisted by Mr. Charles Edwards, who was counsel Tor
some of the relatives of Dr. Burde in the contestaoh
before the Surrogate and also by Attoiney-General
Cushing Mn. Cunninghams representatives were
Messrs Thayerand Clinton and Judge Dean and John
]. Ecke was talking and laughing with his counsel
Messrs Stafford and John Graham. lie wore par
tcuary fne-looking auburn wig, and were 1t not Tor
an occasional glance of his eyes that seemed ra'tr
spprehensive, he would have seemed to be IN hlgh
spirits. ,,,. NJ
A, II o'clock Judge Davies directed the Clerk, Mr.
Vandervoort, to coll the names of the Jurors lie
proceeded to call. About one in twenty answered to
their Names Twenty minutes sutiiced TO eau the
roll.
Ind Dayiea-JuSt
have not answered, and impose fine OF go on each
Juryman. | shall impose that fine each day
The Clerk called the roll of absentees About hve
ner cent of them had come in III Jurors were hned
| 1915.
Jurors who had excuses gave them in under oath TO
| the Judge.
| LARGE number Of gentlemen were excused many
thought il would be serious injury 20 their health TO
st through the trial in the Courtroom. IL requires
no stretch of conscience to to that twenty days
breathing Of the feted exhaatons of 500 lawyers
and rowdies confined in the illventilaed rooms OF the
City Hail. is enough to try an ordinary constitution
| severely.
The roll then passed to third readings other per-
| sons were excused; the Courtroom was relieved.
Mr.. HALL call up from the calender the ndict-
| ment against Mrs Cunningham, charging her with
murder we are ready to proceed with the case take
| the arragnnNnt and npannel the jury.
| Mr. Desn-The prisoner is ready.
| Mr. Cinton-We waive the reading of the ndict-
ment, and will put in a plea OF not guilty.
Clerk--You demand trial!
| Mr. Clnton--Yes, sir; and we plead not guilty
Judge Davies-The clerk will call jury.
| Mr. Dean-We would thank the clerk in calling the
names TO give the residence and occupation OF each
juror.
4
| this matter.
| During these ten minutes Mrs. Cunningham took
seat behind her counsel. She was dressed in deep
| mourning had very red cheeks, and held her head
| mildly one side.
| The Clerk-Cyrus p. Corey, Thirteenth Ward
Jonas E. Lawrence, Twenty-frst Ward; Odcll Law
renee, Sixteenth Ward; Jos. DOan, Fifth Ward; Jas
| Mahoney stone-dealer, Twenty-tirst Ward. MIR. Ma
honey stepped forward.
| Mr. Dean-We shall challenge this juror for princ-
pal cause. Q. Have You expressed any opinion In
reference to the guilt Of the prisoner A. believe
| have.
| Mr. Hall-What opinion was it
Mr.. Dean-We object to the question; it is imma-
| teral.
Mr. Hal-If your honor pleases, the prosecution
nuts the question because it is matter of law. The
witness is asked whether he has expressed opinion
touching the guilt or innocence of this party put upon
trial He SAYS have" that is to say as matter OF
fact. have expressed something Now, as matter OF
law we purpose to ark, and have, as matter OF law,
passed upon, whether he has or not expressed, not
an impression not idea, not an opinion as he may
understand il, but opinion as your Honor may ah-
dersand it. sitting there to try this question OF prin-
cipa challenge matter of law. And, again. II the
Court please take il that have right OF crosse KAN.
nation as matter of law to ask this juror what that
| pnlon IA with a View O icdIhihs VIM 'io
opinion is; and although law says that party. who
| has formed or expressed opinion may be excluded
az a Juror il does not say he must be. Now, II THIS
party should say upon the stand have expressed sn
| opiuion that Mrs. Cunningham killed DIR. Burdel,
then the court could al that il such formation
| of persuasion 40 to speak, to the understanding
that It amounts in law TO an opinion, and the Court
would say: f this challenge be persisted IN II IL oe
not Withdrawn, it is matter OF law sufficient 70 ex-
clude Juror" II the other hand, he should say;
IL believe that Mrs. Cunningham IL innocent, ana he
has so stated then it may be put 10 my friends on the
other side whether the prosecution VIII not consent
that this man should 90 into the jnrybox and act a.
A Juror. The challenge may be withdrawn, as have
| known il to be, by the defense, and he be sworn.
Mr. Dean-Your Honor will take a note OF our eI-
ceptou 10 that question. We want the question spe-
| cifc and the exception.
| Judge Dayies-I want TO see if he has an opinion;
il will be necessary TO ascertain that before can say
integenty whether he is competent or incompetent
4 juror.
on the Quilt or innocence Of Mrs. Cunningham; now
the question is what is it that you said that you call
an expression Of opinion A. ] said that didnt
| think the evidence far had read was sufficient
| TO convict Mfs. Cunningham.
| Mr.. Hail. insist on that answer matter OF law
that this is a competent juror and for this reason
\ said that the evidence so far as | had read was
mot sufficient 10 convict Mrs. Cunningham. Now,
yuur Honor will perceive at once what variance
there Is between tis and real expression OF opinion
Mr. Dean-My frind will excuse me for moment
as TO summing up until We get through with this W.T.
Hess.
o. Ia that the only opinion that you have expressed
A. / could not swear positively TO that; may have
expressed Others; / don't keep memorandum oil my
opinions.
Mr. Dean-Is that your opinion now A. That Is
my opinion now.