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

tights. Itwas not enough that she should n. Ion A
UP a. soGer. Il was not enough that she An oted
| a. she Was. the second time widow. her hu.b.sd
havil met bis death by violence vi ich nnn-J -
81 into the deepest abyss Of grief all is. "a mol
ucugh but hend to tho ella steal !, mo-. .ea
q the Dptnci-AttoTuoy, very fend, who called him
| tlat Der person was stripped naked as shs
| came into tie world, and every part a her
| body tel, Of and examined With a view to zee
wheiher there were marks Of violence there.
Yes 20 the eve ras,ng condemnation Of that wreioA
he II spoken t.at be ordered and allowed this 10 BE-
| d, ne by men Yes she a mother of FIVE childrea-
the grown up daughters ready 10 be maTTiedshe
ordered and con eed 10 expose her person 10 the Pu-
RENT curiosity Of that miserable wretch who upos
the stand Yesterday and called himself Deputy john
Zee, utlemsn yuu saw the miserable sheer upon his
c,uuirnnnce You saw that be did not want 10 an
swtr. when be asked whether he was present a.
the examination Of her person. Tha, little stripping.
a. il were, allowed TO be in there when she wS
stripped Ltked that he might gaze upon her naked
fcrl lie lght tel YOU that he did not see itbat he
was theVi
Gentle men, Il there ever was a woman whose feed
irgs have been outraged who entitled 10 synpa-
;by a; the hands Of jury. il Is this woman. now q
prs. err at this Tar. And l know not why the Dis
trict.Attuney Shot ID say she disenttled TO ~
sympathy at your hands. | know not why he should
say that. WY was Had she known
her rights and shot down these men who
thus attempted to expose her person, she
would have been acquitted by an honest Jury.
,he would have consented 10 have her person exam
med by cCBsa. Had he sent for the matron Ut the
City Prison. or any respectable woman, to perform
that examination no complaint would have been msde'
and vet the examination was had. And we vii provo
10 you bv the ouly lady that present. relative
of Dr. Burden, cousin Of his by marriage, who
asked that she might stay in the nom, whose heart
bed vi agony at this indgny 20 Of her sex who
asked TO sit The ana protect her as TAR rs pos
sible; viii prove by her that her whole persoa
was examined from the roots OF her hair to tho pails
If her toes. Aud yet, gentlemen, no woant
found upon her person, tor the reason that The
had nothing 10 do with that dark deed OF lood and
horror. This speaks trumpet-ongued in her favor.
The Istrict-Attorney has Charged that she did the
deed that she participated 6oCily and tat rs the emily
issue you aie 20 Try under this Indictment With hls
proof he could not ask conviction in any point oC
view unless you lind that she was present aiding aud
abeiting in that homicide and took part IN the en-
counter. Here then, gentlemen, You have proseca-
ton not only failing TO prove anything necessary to
establish the case, but really proving deteuse In
addition YOU will have testimony Of the character %
which have spoken, proving the utter IInpossbty on
this woman having had any connection with this deed
We shall introduce also, another item of evidence IL
" a. said By almost the whole community, how could
this murder be perpeuated IN tins house without inc
knowledge of the inmates How could Il DO aud they
not hear It We will tell YOU how IL could be done.
1t is an utter impossbny with carpets ON hoor. 70
hear a scream such Burdell was likely to have
made in that room, in the room where Mrs
Burden and her daughters were at that time;
that the loors thick, the wals are very thick. We
will give you the dimensions, probably. IL has been
demonstrated that it liz absolutely impossible. un-
derstapd that portion Of the testimony went ts that
point to-day, which | did not hear; but We viii
show you by witnesses that after two hours experiments
were made with view to test whether they could DO
heard produced in the room where Burdoll was killed
who shouted " murder 10 tho top OF thor voices.
louder than Burde could hollow when be was at
tackled, and could not be heard in the room where
Mrs b. was not heard at all with the exception "
once when faint halo with iaint sound OF tho
30" was heard-it was not possible to tell In her
room whence tho sound proceeded Here you have
proved that il il utterly impossible To hear Further
Than that during the two houS thar those ehper'en.s
were going on, those who were down stairs would
fall upon the floor with all their force, and no
noise was heard in Mrs. Burdclls room;
And when DIR. Burdell was screaming, II he oid
scream it could not by any possibility be heard In thnt
room. unless by some one on the watch who had the
door open listening. This dposes OF that very reas
enable ground Of suspicion. IL takes from the case
all there WAS ON the public mind. This re-
moves the case from the only suspicion
which attached tn it in the public mind. feo-
pie very naturally said how could this murder
have been committed and the people in the house not
hear il Upon the face OF It the idea Is plausible
and uri YOU 90 and make experiments, or hear nom
witut Sees who have, you would be astonished how
difficult it would be for sounds OF this kind to DO
heard During this night, when the expert
ments were made, Isupp0se ." murder was shouted
lwonty tiGer. My associate rays Mere don't
ieool. ct the number. may be- wrong about II. But
withdrawing We shouted MurderW cried aloud.
made oil the noise in our power shouted for help, no
policeman not soul in the street, came TO the rescue
/ said To- myself, and Dir. l. h and Dwinrn. and Mr.
Abbott, Or. Roberts, and others who were engaged
Il ere making experiments that We were making more
uoise than would be- made on the preparation OF hy
murders and yet not soul heard us, except those in
the next building, No. - Bond street Tho daughters
heard W., and 1 believe were made q 1t
tie nervous but that was all that was heard.
And even they did not TO the rescue, and there
we were legt to die without any relief coming from
any source. could not help asking my associates:
What in the world the police were good for
Laughter. ! could understand, then, how It
was that murders could be committed and no
noise be heard. Why, before the Coroner they
proved that somebody heard cry Of
murder mur," sort Of faint whisper.
But no one heard noise-no one in the street. not
what becomes of this case. You heard the District.
Attorney in his opening say that when, upon that
evidence twelve Jurors testified that
aonebody in the house must have known about
vet those en- If they could have listened to the test
nony given by the Witnesses in respect to that would
have come TO no such conciusion
] have thus gone over pretty much al
| intend 10 say in relation to this case. I
have felt gentlemen that the remarks tina. 1
have made have been entirely unnecessary
for the ressons have stated; and yet in ease OF this
kind counsel required to open their case To argue
II To the Jury 10 do everything almost that they would
do even if the case were doubtful The Dptrict-At-
toTuey has pres sed t- case in such wsy that have
been c0mueed 10 make stronger obsery aons In RET
erercc 10 his course than otherwise would. Ana
while you were sitting there listening TO bis eioquence,
while was listening 10 II, and his references 70 an
Gent and modem classics, and ancient and modern
history and to the sketches he drew OF desperate
women ! remembered that in these times there was
a crime 30 baleful in IFS consequences, so io~es-
ing in its guilt a. to throw lnto insignln-
csnee almost every other orense-a crime,
gentlemen which distilled its deadliest poison
tr"noh the whole community-which might say,