New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-07

oSt 9Th p.sr Dr. BuGd a.ls motion -i:A his bard and
ssid That. The sousn.'O -" oily" .,es =,
Q. VIA, cid he.ay' He made nc T-p'y' bit r7'e'
en- up stsTs, and followed b al ~ stairs ..,d I'll
Q. " Ls; became Of her A. did M sse b'r ~Hi
O. Did Won then have any Conversation with her, No
q Did be tAh With her at that boaIl a No ,.it..vi
q Nbsl 'hs sail to him, AN his "ii" "h'' ~ 10 '
Q Did she ..y anything beside a. Nc ..-....,r,,
4 How ions yol in b. house 4. About '"'A'
O What pert Of the month wa. I'm. A osnnot tel
G Ne. before the other officers went did mo- No; f a;.',
rsft 4 the month know va, rot in the "re part 'u'
Dia YOU 20 % Nr' Cunningham with Officer DAVE %
q DID you her .sy anything him When b !evsrsd
up: was with him the .ssond time
Did you after The nSHe,, va; concluded as 10 nj
@ " 10 went ap with her. q. am not positive.
and II 50, What wa.it' A. / don'i recol,et Of any.
@ Were you there on Sunday morning. A ! Sss
O. Did you SEE Mrs Cunningham On Sunday morning ~
O. Who were with her, A. Her children.
q hat she donsi She and n yo.nss' ga were
opp. sred to b. dong homework they bad just got uP
Did Won say any thins to htr' va. there some
three hours think went down 70 breakfast Siih men
@ Did You hear her say anything A. did hear ne ''A
O. Did YOU hear any singing in the house A. Yes
@ When that singing On Sunday morning. Mrs T.
ana her younse;t daushter sang tostiher . h ...u-.
mtelyi A don't think sacred am not very good
judge Of music It might however have been .scFed 'nOus"
@ How lons that before breakfast or after A was
Cr0s, Examination.
Mr.. Cinton-WeIe you present at the singing A Yes
@ Where did it oeelT 4 In their bedroom, ", i'm,
precision ~s' that her four children were present
@ Were any word, ued! would not BE- positive a. 70
Juror-wt. Sunday morning ,hi.
he = A.
erostve whether it the first or next; think it was
be next they didn't sing from any books
TESTIMONY OF CAPT. DILKES.
Capt. George w. Dukes being duly sworn, testified
Examination by Mr.. Hall:
District A t,ons J, NJ 81 Bind Fset a Ye. Sir
q You were not present at the search IN Mrs Cs room
Sunday evening after the murder in Nj Ecter. bedroom
max any in that Manner A. Yes, did
The witness here identified the papers as having
beeu marked by him.
O. Do you remember what was on the envelope \ Nc s
O. Would you know the envelope II you "a" II see 'ha'
looks like II. Handing al enyelopeI
Winett-That looks like IT,
Mr. Hall now propose TO offer these papers in
evidence.
Mr.. Clinton objected and said: If another party
were upon trial they might or might not be evidence.
But they are relevant to this case They are not even
in Dos ession Of the defendant. II your honor please,
sHy
duccp of that testimony by rule of law whatever.
There il no rule iustifying the Introduction Of papers
found in the possession, not of the party upon trlal
but in room not occupied by her-as the testimony
Of ,ls witness shCwsbut by another individual she
NOT even being present $50 far as the testimony goes
at The time OF the search | submit, therefore, that
there many objections in point OF law to the intro
ducOn If this testimony.
Mr. HALF your honor please, the prosecution
fully appreciate the objection which Is made here
fro IN the other side and probably II the prosecution
al ...Y,11 Ia Iffuf-
lar objection, because the evidence in testimony
is Of very great importance; and counsel, knowing
that evidence which il offered is of great Importance.
a. against their clients ought to object to IT, But we
are strenuous that this evidence should be admitted.
In room adjoining Mrs. C.'s room, an envelope is
found having upon it certain Endorsement which Is
now before your honOr-what, Will not now state
TO the Jury because your honor the sole Judge oi
il at this momentand in that envelope is found GER
tain paper or papers, which directly relate TO the c)n-
necton existing between the deceased and this woman
now upon Wallpapers which upon their face sho"
business Notwithstanding reatl'nSPecunia'y IT,
The Judge looked for few moments at the papers,
reading them hastily, after which Mr.. Hall proceeded
with further remarks Ii anything be found, said he,
during search whether it be dagger or safe-key,
or pnIer which upon their face show or do not con-
nectiOn Of pecunary or otherwise relation between
the parties they ought to be admiS able before the
jury who may draw deductions as 10 the possession
whether il be innocent guilty of the party in whose
possession they found or whether they belong a.
all to that party or not contend without referring
10 what may be ia these papers, that every one OF
these papers shows upon its face something which
bears directly upon the motive of this person to com
NIT deed Oi murder upon this thanksgiving feelings
of hostility upon its face from the prisoner toward the
deceased-showng that there a secret motive ex-
sting between then-that there secret and un-
developed relations between them, which if made
public TO the jury would have effect upon their
minds enabling them to draw deductions as to the
motive.
Mr. Dean-The offer Of this testimony has not sur.
prised us at all We understood that this testimony
had been offered before the Coroner, published in
all the newspapers, and, so far as public feeling is
cerned has had its effect. We now, however in
court of Justice, and where justice is administered
according 10 fixed and settled rulesrules that have
been determined TO be necessary to protect the rights
ofthe public but at the time to protect the rights
Of the citizen. BY these rules party can be con-
yicted of an oense without participation shown
on the part Of the accused. 1t necessary therefore
before you decide this question to see how these papers
were found, in what place and under what circum.
stances II these papers put between any decsr
ations and any act of the person then they are ey.
dence no matter where found II they in her hand.
whiting
JUDGE should judge, from hasty reading, that
they belonged to the accused.
Mr. Desn-If they are the declarations of DIR.
Burdell they fall under the principles already stated
by your Honor in all early ruling and are not to be
admitted. What the facts She is indicted here
alone. She stands before this Court charged with
having committed this murder alone without auy par
ticipation on the part Of Mr.. Ecke aud without any
participation Of any person 10 the house. They ara
found not in place which she has dominion or
control but instead Of that they are found in the
10 come before this court and tell where he got them
competent witness who can be put upon the stand
by the prosecution 10 prove whether she ever had
them or not After rihng his desk, they ind private
papers They seek TO produce these papers-for what
That she committed the murder No. The object of
it 10 throw suspicion upon these parties in smother