The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-07
. POINT OF THE MARRIAGE NOT GONE INTO
COURT OF OYER AND FNHMINER.
Defoe Hen. Judge Davies.
THIRD DAYS PROCEEDINGS.

Defore Hon. Judge Davies.
THIRD DAYS PROCEEDINGS.
WEDNESDAY, May 8, 1857.
- case as proceeds seems 70 be growing In
Dah0e interest There was en- immense throug Of
Dsns around the court this morning, anxious 10 gain
,namssanOe, and Notwithstanding the large aooounmo
Naons provided, many had TO go away ungTsabed
~ nningham early in court attended by her eldest
nsbter Augusta, and her two boz s. George and William
V1an who the youngest, born Sitbout the rixh'
sn They both bright, intelligent boys. Ezekiel Ano
,odeysss were in court and all seemed watch the pro
ossfnes with the keeneet interest
TESTIMONY OF Oh. STEPHEN A. MAN,
n. Stephen A. Main, (cross cxAmina ion resumed)-H
~ about O'Clock the morning when himself anc
W. noticed disagreeabe odor in Bond street appeared
- 10 stronger when they came near home than when the,
~ entered Bond street; lowering night, with
lnsay atmosphere think the wind south; there
= oa-t-yy impending thai odor had come from
3 Boz sarees and The wind was from the east at that time
ohs Odor would not have been stronger az his owl
,ese than weuld have been he entered Bond street,
he distance between 81 Bond street and Broadway is some
eo0 feet they entered Bond street from Fourth avenue
Shey had oftep had diagreeabie smells with the wind IL
0a quaI ter, COMM from the Bowery; there are goo
Unany manufactures the Bowery, but his know
Ssse where tbe, burn bones had observed the condition
- Vie shades aud curtains Of the Doctors room; when
went IN iha, morning he the 1rst In the ROOM hal
Vay ND the windows aced blinds; above them straw
0aured taIis the curtains pulled down and the
Astce blinds cloeed they were Opaque blinds; no ONT
u
oAsed OF II the cur tains down and the blinds
oesod bad time bved in the adjoining house, No q
- externally they pattern houses; the gas that
bonipg Ia The room was at the fartbest window west
Eve full ct the keys thai lay on the secretary were or
mary pocket keye think the night key was in his vest
pDoket the bunch he would have observed it,
~ was a peculiar key; the new lock had been
be door two or three months this secretary
vriung desk there bank deposit book lying upon
a. he portfolio which lay the dental desk open;
d pearb under the light lcoked around for uks OF
nd will no q
1e outside the moulding casing Vt the door Of the
esCtUs room about twelve OF eighteen Inches from The
Ansr the side towards Bond oppo-se from the
hinge Of the door could tell what the5ood Iom
whether from spout Of blood or FROM garment, found
several spots Of blood The wall Of the main srcase;
"a not observe any ON the platform.
The pstyct Attorney here presented wooden model Of
sAe bouse whiah was examined by the Judge jury and
Ccunrel for the defence suggested that would be ad
vabe for the Court and Jury Ia VISIT the house 81 Bond
sAreet
Joge Davies concured in the propety Of that course
end agreed that at an appropriate time the house
FIaninaiion contnued-wrpcss pointed out the
a. where he observed the blood the wall they
smears Of blood, as II they brushed on with the
nand the NEXT blood that he noticed the inside Of
s outside dosr about six inches above the lock- there
blond tie edge q the door, which when The door
vHs shut shut in the case OF dental instruments
GOD between the two bark windows; did not notice any
osuod On the desk where the case OF Instruments was;
drops Of blood on the floor near the desk
The table there paper, (he HERALD With
blood which had the appearance Of being dropped
N. rubbed. between
.CaB ere was no blood witness described wbo the sofa
vtSh the shaw and cap there were no marks OF
sod the shawl cap or SOFA the overshoss stood near
he o. on the north sde there no blood upon the
vrness pointed out wheie the dental chair was.
Cyunsel for ;bs defesoe here produced painted draw
5 % the and rs furniture, showing the osuon OF
DE body the marks Of blosd &c These tns doctor idon
nsed correct illustrations and they were examined by
end PA ned 10 the Court and Jury Tbs occupied some
efeeu miautes.
-exampation resumed-The STEPS outside Of III
sors and the platform are white marble the door was
pAsd black there blood the bank book or Oh
NJ portfolio Is M, peinve whether there was any Oh
secretary the chsir IN front of the secretary there
considerable blood on the right eide there was M
shoo on tho ate the knob Of The safe wes turned 80 a
aam, ny ssy mere hAd ben any s o'oSa
sNblo blood on Tho door opening into The ball.
spd there WA good deal 90 the wall leadng mt
ne o,et Or Burde wa probably about ny9 feet eighi
nGbes nearly tail witness but not 30 heavy; the
blood n the corner apparently 1T Of blood the doctor
wa stout eepchesed man who would probably weigh
I7o pounds and whose appearance Indicated good dea
u muscular tIengh a. 70 ths Yet " blond ON the wal
go s from The foor WIN hat e SPIRITED OUT the highest
pA q lie cod the door would seem 20 correspoud
ghh ibs b. g VI the Goct ~ neck 90 The lover part OF ho
1ttSoo nCor here also -rng Of boud; u was dry
Vim y rue-s Jaw 81 so was on the walls and outer
us; gheb witce went with the police man, he Ueni
~, the room With him, and went do1n stairs with
AIM taey were together when he dscovcred the blood
n Burue had black six necxerchief round his neck;
sas tied; there was no sufenor 10 i; he had white
nsen collar him could not lay whether 4 wa stand.
- DOLLAR or not, the handkerchief folded very
pos-Alnot hke string round his neck had observed
marx una the doctors Dsck 4 was not apparently done
VIII cord but appeared W be done % the neckerch.f
. mis- ht be ddpe by strong man catching him BY The
nek and twisting the neaker hef there wes 20 appear
Of b. done by cord thrown around the neck;
sw tbe bOoy stripped AMI the wounds examined probed
N wounds With Dr. Francs, the blow which cit The
rvsd arteTJ not be thought, pcrpond cuAr blow
d What AS your OPINION a. 10 how that wound was
-.aedf A. came first 20 the conclusion that was done
srsoD Io s &C. so,o, s M nr IN ~ sbsr
end that N. hood around the SIDE The chair spirited
bon that, then Wa u opinion that most y not al, u
Doctor and reaching forward and striking there was
wounds Of all in the right arm, but the hem was cut
Aroush in three places, and round bis right wrist
nAs rubbing a. though wa held: am vf opinion that
D<st u Dot all OF them inflicted from behind II Mai
oe ne case The person inuctns them must have been
ve<y tai persol. fov he the doctor standing
psrson could no, INFECT ,hsse wounds unless ne very
~ person tie wound. dour while he person
nc tbsrn.
o ThAi ruind IN The carotid artery, what 8. your opn.
IN ~ the which thai xss dOnsi A. mink
sAsa wa done BY perrou standing n front.
y Could you form any osnion ~ 70 whether the doc
.r vac standing up or NO, when that blow "a. struck
A DID not fum any opu,on al the time; ~e hs nrst
ssbou sht that be struck While sns The chair aor
n4ai formed no conclusion al all
hd yvu iorm any theory 70 he wound under the
len arm A. think The 1octOr's mu-, have been up
N uss q bOr1onta) po-itOr could probe the wound
upUe ally wbeu he am wa extended Than when n $50
Swp: hooked a. tbv wound was struck while the arm
~ IN ihb (bOIizunaD position this arm pierced in
zee place The wound under ue arm could probe bet
a I Gould that wound have been inflicted by person
A., sghns vi him in ffonv A. dont ses bo~ could
az. however, did not form any definite opinion 10
he aBnsr which that wound bad been given the body
ld GOT from the appearance OF The blood, have been
,.cvsa within an hour q the time 1rst Il
% Nen you went up stairs 10 Mrs. COnningham's
.om vi the condition Of Misc Helen Cunningham
Tbe Ju ,ge 0verruled The question: AZ they were no,
yvtns NJ Helen: witness might describe the condition a
srs. Cubh. uRham -,
wwos-- Mrs. Cunningham sss on The scfa; the oldest
daughter WI In the char sanins on trunk the young
daughter the bed IN state Of syncofe-actoh
"a nuug don reooect saying anything 70 Mrs Cunning
ban about The popreiy ~ her going down stairs might
have faid VI d. reCue,t "; witness had locked
Ne totors foou door placed s boy there, ordered him
b. - no one IN td gone W strs might have told Mrs
Cnnniis lam uai he could the bUdy, AZ ne had
Aockeu De duor AZ ordeI cd the boz ~ VET IN
Ms Cunningham va attending 10 Der an'ing
da1 bcT witness av,mltsd 10 relieve Helen: witness may
have fakfr p u ~ NJ Cunningham tNo 1ands pllres
br On ne s'a, sud tod her 70 keep quiet know that
~ gsgrssr DO 20