The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-14

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was regular habit; was nothing but hab, with him.
Tnden-rha is volunteer opinion of you're that shows
your parzanshp You mentioned that when the Doctor
wasn't lively he WASH lively; now should like the
Of tha-whether when be lively he was hvely2
daughter A. Exceedingly so very pleasant and agree.
able the Doctor did not at the time he spoke Of IT,
tell who was going with him to Europe; but year ago he
told me who he was going 70 take-it Mrs. Cunning
ham he then expected to in 1866 instead Of 1871;
IN the house NO u Bond street the day after he MURDER
vas all over the house was good deal Of the time in
the room where the Doctor killed. there when
the body was stripped; looked into the room went
up stars 70 see Mrs Cunningham Dr. Main met me below
and said Mrs Cunningham and daughters up stairs
anng ana had better go up there; did so, and after
putting Mrs Cunningham the bed came down again
generally make The entries in my book the day the
work Is done sometimes do not do IL TIL after day
two can't tell anything about work except ny the
book was partner Of DR. Burdell have receipts
from the Doctor for 81 600 since 1854 went to the Broad
way theatre once with Dr. Bordel In the winter of 1885,
SO; went with Helen and he with Mrs. Cunning
that ia the only place OF public that know
his going with her during that winter heard him say he
had gone her times with her; Mrs. Cunningham does
owe me any money to my knowledge; she has borrowed
money frem nee or several occasions, much at
than once, bat not than twice. the first ii
Sunday; don't know who present then: Or. Burde
was never in but once when was fixing Mr.. B.row's
teeth the only way remember any difference between
these times was the Doctors presence.
Re direct examinston-When the Doctor sid he would
never marry mig general expression was 81 am not mar
rying man. when went there the day AFTER the
Doctors murder, aud went up stairs. found Miss
august aa ~ sns on q, trunk crying Helen had inst
less on the bed; went time after and found them
in the sane condition.
ratons OF srs Cunningham as TO her marriage to Dr. Bur
dell at the time.
Mr.. Tilden Objected.
Objection sustained.
EVIDENCE OF MRS. ANNE ELIZA TAYLOR.
am the wife Of Elias o. ray lor former witness; Mr.
FIJI Taylor, of Herkimer cuupty, house about
three weeks after our daughters death daughter died
on the Sd Of October.
Cross eIamned--I EN- not snre whether IL was q little
fhant hran htnl
three weeks.
The counsel for Dr. Burdes blood relatives said as
they had not formally rested, they would then call Miss
The counsel for the claimant objected and declared that
the other side had rested.
The Court decided TO admit the witness to testify.
The counsel for the claimant still urged their objections
calling unfair procedure, and claimed that the Court
matter Of discretion, should exclude the witness
Court-They would not say they rested entered the
rest Tor tEem and therefore cannot exclude this
Counsel for the deence-we intended to examine this
witness yesterday morning. but she not here and
Will examine her at the fret opportunity. DR. Roberts
has stated things in his evidence which untrue and
we should Ike TO have this witness examined. You know
well what connection she has in this case.
Court-i think should hear tnem entered the rest
Counsel for CLAIMANT think it will make great diff
ference IN the time occupied therein.
EVIDENCE OF MISS DENIS HUBBARD, DOCTOR BUR-
DELL'S COUSIN.
resida at l26 West Twenty eighth street; am twenty
three years Of age am hrs cousin 10 the late Doctor Har
vey Burdcil.
0--nd Harvey Burden ever promise you tina, he
would not GIT married until you got marriedS
Counsel for claimsnt-we object.
Mr. Edwards put the question on account OF some-
thing tha Augusta Cunningham in her testimony she
was asked, "wbat reason did he awe why he would
not get married." She replied, he said he had prom.
isod h, cousin Mss Hubbard, that he would not get mar
Counsel for clamantrrs 10 to contradict the testimony
Of and that cannot be done unless you prove
The Doctor did not say that u Augusta There three
objections TO the question: first tbs leading In FORM
cond, is collateral third truth or ity of the Doc
tors statements cannot be inquired into.
witness il DR. Burdcll ever made such promise.
Court do not think the evidence is inadmissibie
The witness, on being asked tho question: before the
Court bad directed her not 10 answer, did say, "No SIR
Mr.. Tdcn claimed that the fact of Dr. Burdels having
or NOT having said would be important the case and
therefore should be admitted.
The question was then put NJ follows
@ How far has Dr. Burdell ever made any promises 70
you about his not sitting marrieds
Counsel for clamant-we object.
Court think that Is Objectionable.
Nr. Iwards-Thcn withdraw the witness II your
honor excludes that question.
Mr.. Tilden, to his associates In q low voice-No, no.
Q. state whether you Jaw that paper before2 A.
have; hc paper Was The release OF the house 81 Bond
street by Mrs. Cunningham the Sunday before tho
Doctors decease; saw at Mrs. Graham's, 90 Broad
WY; the Doctor It'd be got it, he said that
the Saturday light before Mrs Cunningham signed he
received II That saturday hi he said she had had In hor
possession some time, and that day they had some din
Gully, and Augusta l1d him and get his dinner and
when he came back her mother would sign the paper he
said he going to BROOKLYN 10 show to Mrs. Williams
and Mrs Frazer, be gong 70 Keep about him
all the tine; dare not leave il in Tor fear Mrs
Cunningham would get II hen he asked me Il would not
keep il; told him would.
once, never moro, ! received letter from Mr. Bilan
while was at ~ Bond street y Did you receive this
letter. (rnc counsel handed the witness an annony.
nous letter. A. No, think ! never received this
letter. q. no you know the hand writing Question
objected to-alowed "a ] could not swear 70 the
hand writing; do not know who wrote that letter do
not know the hand writing; II looks much like Mrs Cum
ninghams hand writing; II looks like hers, but cant
xSd moi X. 70 az 70 a. DT
letter here hand the witnessJ q Did you receive
that letter. A. No, sir, nor do know the hand writing
the letter you nov handed me Ia not my hand writing ~
know Mr. Bulsn's hand writing. Q. Is that his haa
ing, A. can't tell merely by locking at the envelope;
my Denis vorcc; Dr. Burdell for half an
hour on the sunday previous 10 his DEATH was between
L. and O'Clock; saw him on Wednesday and Friday;
saw him on Friday between and O'Clock; Was at his
Office Friday; stayed there three quarters Of
hour; saw a tall gentleman there, Mrs. Cunningham,
Mrs stan.bury and others ] don't remember sceing
that evening anywhere never Dr. Balsdell 70 know
him I'LL After the murder; know Dr. spicer have known
him since last August; frat him then: FIRST knew
him at sacken's Harbsr knew him up TO the time leit
there; know Dr. Kimbal Of sacxeu's HArbor.
Re direct cxaninaiionfhc counsel for claimant object
ed 70 allowing the opposing counsel TO re examine the W.T.
ness IS nothing new had been adduced In the cross
animation.
objection sustained.
The counsel for defendant wished re examine several
other pcints, but were no, permitted.
The folio. ng letters from Dr Burde then put in
evidence, and the witness testified having received
them
LETrERs PROM In. BuRpELL TO ms COUSIN, DENIS
HUBBARD.
These letters presented the Court by The coun.
sci tor Or. Burdcs blood relatives, evidence OF the
Doctors feeling tosards Mrs Cunningham The period Of
the alleged marriage
no. 1.-The poCTos FEARS MRS. CUNNINGHAM AND
sficER ARE GOING TO DO soaIrHISo 10 SJuKg
HIN.
No. 81 BoSD srsvsr, New York, Oct TO- 1855.
CorsN D,nE--T received your letter two days since.
You say you ready to 10 New York vhenover
say the word. Mrs. Cunninghs Is about 10 take
STEPS 10 pure me, think Hold yourself In readiness
10 come 70 the city a, moments warning. Perhaps
may 60 out sfer you, but thin go quietly you had
probably better stay where you are
spcor came dow here and quarreed with me, and b
my impression that she and nina have some way Joined 10
niurc Mrs. & has slandered you and Lucy Of the
werst kind, and Spocr Joioed in sandering you.
IT do not 20 out 10 Sackett's Harbor in a few days
will send you some money. am, great haste yours,
&c, HARVEY BJRnEII.
80. 2-rHB DOCTOR AID MRS. cuSYrSeHAa BAD
FRIENDS.
81 Bonn SrRgu, NV yoRH, Oct rs, 1855.
CosrN DknsI wrote 10 you a few days since In great