The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-25

court OF the deash death disagmes people very much II
ssw the living could give better euess, ous see
n saw the dasuerreoyps locked Ike him, and tina.
vas al saw; didn't say II was the man, ana dloht
"a. s o. n Nor dus nike eS Su Finally whom
ntenoesied before me TO her belle OF the densy sne
answered 81 cAAtsa and refused 70 speak more deu
ntely
There is a large mas OF testimony relative to Dr.
Burdelrs personal appearance. Rev. Mr.. Mrvne ds
onr sns t1r man se married M nsyg Of ss fcs
not heavy the side, worry bAck hair DARK medium, In
aburcAnce whether The face full thin not reeolect
erh or nine inches. weigh, les or 10 pounds He wss
"sIew OF speech" voice not musical, .ssooped con
Of 60 o.. IS" He says 81 do no. remember
to have caught his eye at any time" He was neither
Every cheerful' nor '.eu.husasuo In the matter
Pr. Uhl ead the decedent had two different names that
IN regard TO personal business OF delicate nature be
spoke slowly, ana there would be long intervals
bet the sentences and at other times his speech
rapid quick and sharp With this exception the whole
body OF evidence in the cause exhibits Dr. Burdel IS
quick OF speech ana rated In motion am inc med to
think that In stature, In carriage, there some
clnson, or stopping The natural color h beard Was
light brown, mixed wi gray but q, no dyed his hair
the appearance varied Al the time OF his deoeae bad
been recently dyed have confidence In this mode Of
de nta cation II raye, be sa'sfAc.ory and certainly
noi IN this Gaze There may be genera sinia,n Il
IL cotor, ard In expression. The combination an ar
rang ment OF the human features and neaments ord
nsri VI each particular person. and the pecua
rifles Individual expression OF voice. gesture and
carlisge marked and striking, that to familisr
acquaintance or friend there be very slight chance
Of nistaEipg pertonal Identity Still constantly
with general ell tcular resembances smuny The
millions Of race which ofen deceive the casual OBJ
server and which, where fraud is designed may easily
he made the basis Of crnina ersonatops with the aid of
art TO help psure II Is obvious thai IN an effort t,
psss coano. felt partner to marriage contract there
would be attempt to the genuine as pos
sibe. Certainly, sl startling d!screpan ses would DO
avoided, and the closer the approx nation to smiude
the greater the prospect Of success 1t is consistent,
therefore, with either aide of issue In this cause,
that Ia the inventory which has been made OF the
features and characteristics of the person Of the
decedent, and Of the person married on the
2Slh Of October, there should BIS some general
resemblances For example, as to height, 1t wosld
OF the decedent Then again, must net be overlooked
that peculiar OF the voice and arrangement OF
more or e,s ssev In these respect, persona friend
having fair opportunity for ooser ration, could not as
general thing be deceived Fs 1Ar inerc 'ur produces
that kind Of knowledge which acts oy al
immediate and single process OF recognition We do not,
every meeting With acquaintance begin 70 compare
features aud reason on the question ordeuuty bat
ccgnise the whole object living unity. Changes ia
personal appearance consequent upon sickness arrange
ment color H the aa Go not unless the departure 90
great diminish the power OF recognition and dress has
very little influence Where persons, however,
mol familiar these orcr stanlals are OF consequences
IT. the ,eore intercourse has been slight, 1t 10 impor
sant that the elements Tor comparison should be nearly
alike pcssble IN order to secure recognition tt fret
dcslty in the present instance is that Mr. Marvne was
called TO judge Of the identity OF living being aud dead
body Tue decedent his end by sudden and VIC
lent death Dr. Uhl textiles that at fret the change
so great ba but for the croumssanoes be would nardy
recognize The corpse. Or w. B. Roberts says the
whfkers "dyed blacxer than ever and he shouid
hardly have known him" When the body WAS examined
more natural, but not so much on succeeding days
do not observe, however, that Mr. Marvne pointed out
any oher marks OF resemblance q, the seoond sxam
best, the difference between life and DEATH the wound
In the face, the change OF posture and dress, the
closed eyes, the rigid moush-moon gesture and car.
rage gone-Ah tended present dierent elements OF
comparison Some Of these differences applied
ter Of common obser walton that even this mechanical
process Of porfaure IL not uniform In Its production of
resemblance The power Of perception and accurate OBJ
harvne states that he no unusual faculty In this
respect Dr. Prmley tes,hes said to him, she not
oountenance much not being ready Iguise
person BY sight, he did not know be could have
coguized . corpse, even il il had been the man he mar
ried." The opportunities for observation in this
were slstt Ali that occurred II the three interviews
might have taken place within thirty minutes, certain.
ly within an hour. The interviews occurred in the
SPACE OF twenty four hours, and presented q proxi
mate succession OF visual Impressions almost Ike
angle 0D,srv.Gn and not ct such r ,s :. a
an effort 81 recognition There was Iap,e Of three
months between the eates OF Under all these
ordinary observation to have pronounced with posi-
tvepess upon the identity OF the two offsets Let
nrst called to testify. he taken to view the corpse,
aud then requested to state whether that was
the body OF the man he had married This was
done twice, and under circumstances OF such striking
ret poeibiliiy ~ would naturally arouse the fA.
cuiies and intensity their action, and lead hi y
to probe bis deepest recollection. There are
rous versions OF what he sad on these occasions
and largo part OF tho time OF the court Occupied al
the trial in TIE effort 10 e,hb his and cnnducL
In reports OF conversations from different observes
rey 10 be expected, the substance being pre- 4cnted
through different minds and memories Sometimes great
and papabe but In tue evidence tbs point
now reviewed there IL so much substantial harmony be
tween the wtresses and Mr. Asrvine himself that prefer
TO use his own language especially where the course and
operation of his mind under examination sot ,he
witness has laid 1t bare with rsnkness and candor de-
serving respect On The sunday succeeding the decedens
death Mr. kArvine states be did not sognae Ms Cum
nrghsm q, al. Shortly before he examined In thit
court he visited her nj the Tcmbs, and he s8ys;--"I
seri, and the .rst look OF the woman IL flashed more
gTtp my Find than ever that she Ie woman
Led married; or, In oihor words she then SMILED
moro the poman married than she did wheu her
on that sabbath am perfectly satisfied that she 10 the
vorsn married on the sSlh or ootober last" ~ the
ugst interview there utter and absolute failure
recognize; a, the second ashed mere " upor hls mind
lhsb ever,h ,ho the woman no married; and dnay,
be Is perfectly saisoed Of IT," process somewhat
similar except thai a. the ogtset par la resemblance
obtorvee took place IL regard to tho man Lie sayr-"I
before the Ooroners Jury that tbsro ssrong
pop.s or resemblance between the dcai ani the
man married wcnt ,,y ih,, said strong pons, but
said points think mentioned more tran one roiut
meniioned particularly about the mouth, and | may
have mentioned, and think did, that nlrled
member whether / stated anything sbou, the
mouth more than bore some rosomb snce; DOM think
told n shat 1cspec the rsseEe was hi4k taere
mention &c the beard and hair " "I think the
hsIot Atorrey, showing the dsguerreo,ype, asked
recognized any hing there in Tho man who came 10 be
married, or something me that" q DID you no.
81 think do about The mouth but there lille
essmba1ce should not Ike 10 swear dennislyS A. al
thDk that u my reply 10 The word 'but, ser thu. do
net remember saying the rect or the reply" Y. When
you were previously asked els the body that Of the
large vhskers" that al the yos made Ia
respec, TO the man A. 81 presume did 90 answer; nk