New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-10

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bin I, give ia. ~se1 -sep gwen weald thros
no light ups the sUhjsck These are NY vioss 1pos
tie Nate, bat ss $ qsssiics OF rish yuu hsvc The
righI TO reques; hG 10 do II Notwithstanding ws the
jr5ces have done Anj hey Nsye lot stated ihs, yea
have no such ishi De- have oe'y stated tAe soaoi,
on which they rtmsoce q bin hsok. II yOs vee -
commit him now, b could sgsin be bccneot before he
court On writ % bah s. co-Jss; and have no doubt
bot the iudses 2helei So hey are, would cay TIA,
they have poser further tan 70 sts'e The ground
upon which they rmsn1eo The party os,k into crs,o
ey. II the party Cos already IN custody in pnSn
would scvise you 10 comm; hm tor contempt cot -
be IS sioacy N prison, Ne commitment would not
char &c re matter and no patkc bensf conh result.
lie toicrtr-FlndiDg ia. no answer vii De made
b, MI kcSel shall proceed tu';her In The matter
Officer, yea Wi ro~ co your d. v and take him sek
not upon any rev oomGaltneat bat spon the Old
Mr.. Ia kCi after oIie; consul aioo with M Clio.
ten. his counsel, was taken cut Of The rom BY TIE Of
feti.
Ms. Cur nghSm here enIersd the room with th.
ficer 81 g. song forward 20 The Coroners tahe lsid
g paper on his desk. Though h-m IN her demesnor,
Yet Mr.. Cunnnshsms s9peaIsnce was thss Of deep
ci.utss Il no, and the had evidently been weeping
much.
The Corcrer Rad the paper IS follows, il vsrytne
slightly in is sr gusge trVm that offered BY Mr. Ecke
at vas iudci4ly determined, on saturday, n this
csse that my petition Is that OF defendant charged
with he most horrible crime, oi which AN entirely
il nocent, shall therefore, under The advice Of my
counsel decline answering any question. Whatever
pyisie occssiCn.
Cororer-I II is quite unnecessary for ME TO detau
this invesg cation longer bys repetition Of the
through which We have ius' pass i. Mrs. Cnnning-
ham he re left the room with the officer Ofcer close
the door.
The dcor was here closed.
The roptr-l viii row t'ke the responsibility on
my shoulders Of committing both one and the other o
ihtse parties 10 prison.
Judge Cspron-As suspected parties.
The Coroner-lts as suspected psrtsee.
Judge Csprcn-This certainly puts the matter in .
different Il. BIT.
A corsuration was here bad between Mr. Clinton,
snG u oroD.r TO where Mr.. Cunnipghs an should
be confnCd-the former c)ntondtng that the order q
the Cout WAS that they should be kept az No. 81 Bond
STIR ct
The Coroner-I have only 10 say that IL think Il
would be for tie safety of tho prisoner 10 send to
Srg Sing, here no author ~ 70 prevent me from do
lrl Z.
Mr. Clinton remarked that he thought the Coroner
would find he he had ,ucn poser.
The Coroner remarked that his only desire was 10
keep her In place of ssfet, be had other OBJ
jeci; arc Jucle Capion nd ssd his seton ~~ right.
Judge Capron remarked thai he thought Il might be
well 10 keep Mrs. Cunningham here until the Jury
rendered their verdict. IL AIR. Clinton stated the tact
that the Judge so intend, j she shood remain.
The C,roper-l will tell you jus; whs. win do. I
wi wait Dntl tomorrow morning, and send down Ia
Il &, ut TO ascertain whether he intended that Mn.
CUuuin, ham should be r,msnded TO No. 81 Bond
street. | think IL will be proven that there WAS no
back within the jurisdiction Of he Coroner
Mr. Clinton-l called the attention of the Count 10
the fact and stated my reasons why and Judge Brady
essCnttd 10 Il.
The Corcrer-I will now send my dispatch to the
Judge ard will get his own return whether ne did ~
OF not
Mr. Cnton-An order not to be binding must DO set
aside.
Judge Cspron-My criticism Is in reference TO the
language Of the order IL the Judge did intend to
make his order the order should be executed out Of
respect 10 the Court
A Juror-Did Judge Csprcn ever hear OF such
nirg CT IL Il a neg fosiue 10 the law.
Mr. Clnton-There HIS been good many new fes-
lures In the Law in this csse, think.
The Jwcr-I an not aware how far the jury are In
volved in this matter but it seems TO me II the party
should escape ii would be reproach 20 some one, but
whether the Jury or Dot do not know.
Judge Cspron-I would say that this Is not proper
and safe place to keep her, and think II quite likely
Judge Brady will ssy 30.
not want further advocacy. have gentleman along
eide me, Judge Cspros) that feel has much mind
any body Use k ow Of sod believe Il will turu
be ssn Of mind. l want, Mr.. Counselor, TO 20
oa quietly and no further talking ABOUT this
matter would fntber say that / have given
orders 10 the Cices In hsge OF ibi, house 10 rip up
very carpet, and examine even every oed. l have
Iamin6d chimDeys, and oven the Outhouse bat no
matter, the carptt, and every place hat can bs
thought Of will be searched to see ii anything be
urn come hom Ferry sre't
Judge Cap on shall We proceed with this wi.ness
Have you been sworn, Srf
Witbees-No, Sir.
The witness was then sworn.
TESTIMONY OF JOHN II. R,UCH.
O. What 10 our nsmel A John II Ranch
q What is the fact that you CALEB here 10 ts.-
tify to- A. do not know, Sir.
Judge Cspron--Where is the genlem,n who had
this witness called No answer. Where Is the
Captain Of Polio. 10 the witness Whist do you
know about tie relation bet seeo Dr. Buraell and Mrs.
Cunningham A Nothing, Sir.
Judge Cspror-Untl | see the person who hal you
called cannot say what you Know.
The Coroner here entered and, after short confer.
ence tie witness took the stand and the questioning
wos resumet:
q Do you I've in thi- ne'ghborhool A. live u
the Prescott IIoure In Broadway.
q We're you In the peighoeraoo1 At the time OF tbs
murder of DIR. Burdel Al was in at the next door,
No. - Bond street.
Q Were you living there then A. No, Sir.
a. Whist time in the night were you there A.
About O'Clock. until l0l or l0i O'Clock.
@ DUriDg that time -ha' did you ,es or hear con-
ntcred with this bouse A. NO'f ing AZ al, SIR.
z Did you hear nocry A. No, Sur
e. Did you smell any burning clothes A. did
DOT mytelfi but my wife, who sas with mo, as We
were leaving the house. said there was a bad smel,
stmething Ike wootn el hing.
Judge csPron-You beard nothing, saw nothing and
sn cit nohug A. No Sr.
TESTIMONY oF H.sStH {. RAucH
Judge Cappn-Weae you in tie neighborhood OF
this house on tto evening OF the marder of Dr. Burden
A. was next door
q. About wha, time did you leave the house thas
evening A. About i0i or l0i oc'ock.
z. DO you renenbe' Of scouting ar ything at that
time a. l smell a disasreeable smell, like burning
kaher.
q Immediately upon leaving the house A.
thbk Il was.
Q. Wa it rery sensible, or slisht A. think it
Wa sensible.
z. Do you remember Of speaking Of Is 70 your hus-