New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-16

81 October DID not know Of auy witnesses being 81.
pcrsed on the 9Th Of October: his impression wa
ihai before the motion made O. pu. Of the ease
JuCg e Dean was In court had no recollection OF arv
[ other pcs-poEeUent If the case
T. Judge Dean-Wss told that the case was 20
lave been tried On the 9TH Of October; after tie
couIse eft Count that morning subpenas were issued
for tie ATTENDANCE Of witnesses next dav A subpoena
~ that date was shown 10 witD,ss which a. Identified
Alexander Frazer, Vice President of the Artisans
Bank il October last te.iifie1 that be knew DR. Bur-
DEL, AID that his relations with him were intimate
resigned his position in the Bank on the oath dav Of
! October: saw the Doctor that day and also on the
Ah. si the bank thought be saw him on Sunday the
| 9TH believed he remen bered his dining al the La
Fargo on that Gay; Ms. Frazer was hot well aud not
AZ Jrnrf and the Doctor sat next him: son of witness
was also present al sHrer; DR.. Burdel and witness
made arrangement after the meeting Friday To
Transact some business ~ the Artisans Bank on tn.
| Guoyiug Tuesday, the bit VI the week sfter the
2ith # october, witness tst knew Of Dr.. BGrde be-
ing cut If town; his family aud sef introduced
70 MI. Cunningham at Saratoga, in lNj, by D.. Buy
deli the Doctor was constant IN his attentions toward
Mn c. while at Saratoga; witness took DR.. BUrdell
10 DR.. BeeChers, who went there for the purpose Of
making arrangements for receiving Mrs. C.s dau hter
a. pupil: DR.. Burdell slso introduced several
gentlemen and their families to Mrs. Cunningham
at Congress Hail. DR.. Is. spoke OF Mrs {. to witness
and ssid she widow worth 500 900; Mrs c.
was there in company with Mr. Coe, and DR.. Il.
seemed DESTROYS 81 showing her attention Dr. B1rdell
spoke very well Of Mrs Cunningham up % the time Of
those suits DR. Is. had taken her and her daughters
to balls and parties witness advised Dr. b. 70 dispose
of the suits, and have no such suits hanging hun
a. get them out of the way whatever the cOst might be-
during the tendency Of the suits witness went 10 Mrs
C. On the part of Dr. Burdell To if they could be
disposed Of he aked Mrs. c. 10 settle the matter and
che would not unless It could be done in honorable
uaIner; she did not want money; Dr.. Burdell after
ward told witness that the suits settled and that
he had NOT given Mrs. L. any money; each paid their
own costs up 70 the time If Dr. B. death did not hear
him lay any thing unfrendly To Mrs. C.. he said she
l.. .,
knew Of the doctors dyeiDs his hair think he said
Mr. {. did K.
To Mr. 1ilden-was pretty positive DR.. Burdel
called on him on the evening Of the oath of October
was very clear that he saw hun Sunday al dinner
at tie Laaree; Witness impression was that Dr. Bur
dell called On him about II o'clock on Tuesday even
ing the 2Sth would not like u state positively;
thought he rem embered that DR.. Il. was at dinner at
} O'Clock; he usually sat about one hour; thought
they did not sit longer that day than usual when he
saw him on the 18th Dr. b. explained why he had not
offered the resolutions Mt the Board complimentary to
Mr. Fraser, and said he would do il the 3lst
thought that DR. Il. filed his sons tooth at time
between the oath and 2sth; witness had looked
through bis papers and memoranda of date between
the 9th ana 18Th but had rot found any signature of
Dr. Burdels; witness stated in answer 10 question,
that it difficult to be positive about dates unless
he had a Memorandum on the subject; witness had
strong impression that lie saw DR.. Burlell every day
along between the oath ard 2Sth Of October in refer
euce To these dates he had refreshed his memory by
seeing, upon this subject, Mr.. Romeyn and Mrs. Gun
bingham; he believed he saw them last Thursday;
MIS- {. asked him If he remembered Mrs. FraSers
being sick on that Sunday he said h. did she
also asktd if he recoeced conversng at No. 81 Bond
street with DIR. BuiGell Saturday, the 25lh; he did
not; Mis-. {. taid she overheard IT. 1t was on private
business about the Bank thought Mrs. {. went into
detail about the conversation witness unable T.
remember the circumstance.
Witness was shown paper-the release of the
house No 81 Bond street, by Mrs. Cunning ham-and
u,ked if Dr. Bmdrll had appeared to attach much ign
uortanCe 10 IL he replied that 1t was shown a. him by
the Doctor the Sunday before his death; the Doctor
said he was going 10 send il Ia lierkimer Tor safe
keeping; he seemed 10 be pleased to get it; witness
Jaw d. Burdcll on the day he was arrested ON the
suits: gave him 10 understand that he
gagged to mary Mrs. c.; that he did not wish to get
Il airicd to any body.
Cross.examibed by Mr. Edwards-Mrs. Cunningham
attended one party at his house it 1886 she had
called Their. also; Dr. Burdeil told witness he Intended
to have possession of bis house on the iirs oi May
10 the SurfCgatt-N ltness : memory was more dis
tuct that he saw DIR. Bulde the Saturday and Mon
day than on the .sh Of October.
10 Judge Dean-B, fore this conversation with Mr.
Tbayer DR.. Burdell tod witness that he expected
paper from Mrs. Cunning ham, and on Saturday Mr..
lkayeT brOug the paper; witness called the Doctors
attention to the fact that the paper not witnessed
aud think lie replied Il was better not signed; DIR.
Burdels habit frequently was 10 call on witness after
dinner, and stay five or ten minutes Witness room
was between the Laiarge House and No. 81 Bond
Sire et witness said that when Mrs Cunningham called
his attention 10 the conversation between him and Dr.
but il might have occurred.
Milo J. Jennings ewoler of Saratoga testified that
in the Summer Of leJ3 he saw DE- Burdeu ana MS.
Cunningham at the Springs; became quite well ac'
quainted with Dr.. b.; DR.. Roberts was there also,
ard called on witness TO get him to Discount check
he asked him TO DO the same thing for DR.. H., who
vas Introduced by Dr. Roberts; Dr.. Roberts spoke Of
DR.. BuIden having with him a rich widow ami her
daughter; Mrs. Cunningham was aiterwaTd brought
in and introduced to him. she called the next day and
wished 10 apologize she said AZ the instance Oh DR..
b.. WHO thought she did not eppeai anlabe on the
preceding day and he wished her to appear to go ID
advantage: DR.. Burdel subsequently invited witness
to call OF No. 81 Bond street; never -nw anything else
ban respectful treatment on the part Of the Doctor to-
ward Mis-. C.
testified that he remembered D.. Burdell taking bis
meals there; was generally punctual at meals DT.
Burde snd the brazers most always sat together,
whenever be- could keep seats tor them once or twce
the Doctor was crowded out Of his seat when Mr..
Ffazers son was there; recollected Mrs Frazer being
sick and saving three seats for them.
IT, Mr.. Tildcn-Could not recollect the day, week
or month when Mrs. Frazer was SEX she was sex
twice that b.. remembered Mr.. Frazer told witness
twice Mrs Frazer being sick the trazers generally
sat II dinner about one hour and quarter.
Abraham, G. Scherck, keeper OF public honse at
Newburyport-Dr BurceA stopped at ms Motel often
in 1855; rot so often in 1856 brought lady to his
house in the Spring Summer Of 3d. whose name,
be said. was Mrs. Cunningham, q wealthy wido",
who had property there, and that ne was agoing 20
buy property there, too the doc'oI usat9u .e ",'
much respect as far he saw; he cid not speak
much about her last sumner.
To Mr. Tilden-It was in May or June that Dr. Bur
deli ard Mr.. Cunningham came TO his house; the
doctor lever entered his name IN the register, az he
was there 80 very frequently.
James C. Fairbanks, manufacturer Of eordage az
Elizabethport testified that he saw Dr. Burden Oiteh
at NJ. above place in 1850 where he purchased prop
elty: DR.. b. spoke of Mrs. Cunningham, who he
thought would invest mopey in real e,Ise, a. she nad
\ cor siderable amount OF funds on hand aud wanted
TO invest. d. b. spoke of her very highly, and repre-,