The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-08

wnlsn "a ~ Scse he fellows were put on the stand
L Wa apparent ~ q. thai every wofa wss" zen uf"tn
children or SO many OF them as we think important We
shall cal her daughters, who @ero ~ Ae house that night
" BIO slept with her. and who were with bar at the time
Aey SAY ths murder committed. We viii cau these
lte boys and they viii tel you ell they know that trans
pired that evening and II We deem necessary we shall
can young Snodgass and The District Attorney may Ques
ton him his hearts content lie has held him TO bail
in 81 500 A. a witness by does he not cali him Is
ANYTHING but the truth that the District Attorney waniss
yel lac has LEFT of the witness stand every person, with
exception, who was in the house on the night OF the
murder. Docs he suppose thai al IN TIC house were
priyy The murder. Docs he suppose ut the daughters
Of this lady, that her little sons, that Snotgrass, and
this servant girl ono and all were concerned In it, Why
not call them, ard extract the truth from thems Gentle
men, DO you believe within the range OF human possiti
lily that this lady could have committed that murder on
tina; night Why, you not satisfied OF tho utter i'm
possibility OF any thing OF that Kind, viii certainly,
before the case ends, be satisfied The District Attorney
told you that whoever ssassnsed Dr. Burde must have
become covered with blood from head to FOOT that was
figure of speech 10 they must have waded IN pools
II blood Would not, then the marks DO carried every
where the party WENT This house was searched from
cellar TO garrett the premises OF Eckei were searcne
s asers spo y blood esery grease spot on tho
clothes the fruit SLAMS were all oucted Ia cheln
Of tie murder il guilty OF III The thing was impossible
Again, with regard u the stab which cut the carotid
artery. Is downward cut: aud surprising the
doctor (as the mark Of the blood on the wall shows
have been erect when he received that blow,
ihe who inflicted have been not only strong and
muscular, but much taller than DIR Bnrdel. That the
doctor standing erect Is shove by the jet N blood.
and then the blow being given downward, you can see
that IL must have been given by much taller fan
Harvey Buraei 1t was give to-" probably by hsv
ing anatomical skill The ply scsns tell you that """'d
be difficult 10 plant blows go c'tcctuaiy tall man ma
have done it, Who Is that man. We are not pubic pre-
All tina; VIC know tae District Attorney know
II appea, before he Coroncrs Jury that various otis
parties Harvey Burdcl tho day of this n''raer
il appears that one individual pa rtcnarly had an mp
ponicn Lin in the cvenirg, ard that he saw MIN
late that afternoon. He the OILY living naa thai Lad
any bus mess with him. had appoint ncnso lar a.
the letony before the Coroner shows-on the evening
on which he killed The District Attorney IN has open
ing said tia; ir Cox him on that day. Why il he not
here's The District Attorney promised to produce both
produced these witnerses particularly DR. Biasdc tha
he might be asked II money was not TO be paid
r Burdell that night and whether he was Interested
in the money be paid him, also for what purpose the
money " DC paid. Take thai fact IN connection is
the fac, that money 10 be found On his person
zens we give the district Attorney any information we
have. Prove, said the District Attorney who has gealsr
motive IL you do not the defen ought be vcd
oT t. orlwl The rules of law reversed regret Ia see
the public prosecutor call upon you to reverse the rules OF
Law, which in effect To violate the rules OF " 10 re-
the OF law and hang the Defendant unless she
Will prove WHO'S guilty, Unless she l. giay, how can
she have the knowledge Of who s guilty. There Is an
other circumstance which will be proved before you in
regard to this defendant, have already alluded TO tho
assertion of the District Attorney that mark was found
the defendants neck, If she was engaged in death
grasp she had been engaged in that encounter of death
viii Id. B.riou not fe1 wounds would have been in
fc!ed on her person Were there any marks Of
such ~osods-poa Lei pe'so' Thai nAes was 'n.e't-
gated Suspected "a she WAS had the examination of her
person been made with deoecy and 10y one at hor own
sex. never would Javc nSrcd the rst word of com
Ylah But the Coroner took IL ino his WISE head to act
ssthough she were guilty lie had her examined, AMI
slhoueh the result " the ininson Is such that
bound introduce Il here calculated 10 show she III
participation ia the deed yet the manner In whir!' tho
examination tetlc.ined, BY en. in the presence Of
John Ionncry, aiocanan, well the ply siciaa-the
Of .tEat was such rs To strike every human
beIn-,,n hi city with upu.erabc disgust YOU gentle
you understand when say thai this woman
has bccn deprived fail her rights. II not enough
ths, abe should be locked up a. prisoner bo, she the
NJ hn
iadSnty Of being stripped naked as when she came into
the world, every piece her eh felt amt examined, with
view 70 Eee there were marks OF violence es. TO the
everlasting condemnation OF that wretch be spoken who
orcered 70 be done She made 10 expose her to
the preD curoity Of that wretch who sncered on the
stand yesterday aud Who called himself "Depuy John"
You that he did want 10 answer whether he was
pre-ert That stripping allowed 81 be- In taeIe thai he
might gaze on the naked fvrml II there W..
man whose feelings have been outraged, ana who was
entsed 70 sympathy a. the hands OF Jury, NV, wo
tina; she ctscu,i,!ed TO al sympathy IL sho hai
known her rights, and shea down those who astc.nlcd
thus 70 expose her person, she would have been protect
ed by Law and acquitted by jury The Coroner bad no
right 10 proceed So Ie, the result OF that examination
tia, wound found on her person. and for the
rea thai shc had nothing do with that dark decd OF
blood and horror This fsct speaks trumpet toned IN
her favor. Under the Indictment and under the proof
the prosecutor ask conviction, except you find
that she WIS Gidrg ana ahciang IN the murder
Here then YOU have not only failing 10 pros
anything 10 eslablish their case, bat 10 addition
proving the innoccuco OF the defendant and IN addoo IN
that yoo win have evidence 70 show the inpcssiehts oil
heI having sa. thing 10 do with H. We will int oiuor ATT
other item or evidence. said and the circumstance
adei more 10 raise feeling 81 prejudice agans, The de
fcndai than any thing cse--how could The murder be
committed Ia the hcuse aud the inmates no, hear hi
They would prove 10y Witnesses who had Tor two hours
down aad uie doors closes was utterly impossible or
any enc IL the room occGplod BY Mrs. DurdeI &c
M, nS room o0l u isSs doctor BrSoa was kioa
Now, gentlemen, What becomes OF this csscs The District
Attorney thinks twelve men went upon the stand As Jurors
and testified they believed that somebody in the house
must have known about this murder, and that enough
he would have You thnk, 10 induce You to believe thu
such the tact Yet had those men been with US tina
might, and lie oncd 10 the testimony given ~ tho Witnesses
certainly you would have come ~ no such conclusion.
have thus gentleman, gone over about a. much a la
tend 10 ssy in tbis case have felt that the remarks
have made have been unnecessary for the already
stated and yet 10 Of this Kind counsel requ
oTcn thsr case, and to do in Thu respect whst the,
would even II the case were doubtful The District Ancr
ney has pressed this case In such way that hav
been compelled 20 make stronger remark In rcgsr
90 has course than / Otherwise should. And while 20
were sitting there listening, and while was l-enog Q
his eoquenceo his classic all llOnz'o The sketches h
drew from remote history OF desperate women, co ia na
but remember that Ia tina time ilose crime 40 bale
~ aio ifi,oe "a Us -ehoSs ~ O'o" aiu "a.
into asign!hcance almost every other oicnce Grim
which distilled ~ dcaest poison In whole c1nnIuni,rs
planted is feet upon nations interestdroye s shat
through The public heart. crime. gentlemen, te bacSes
IA the catalogue OF sin, which etered and gsngr,ned IL
the beats OF tose into whose hands committed thu
administration Of pubic justice; aud that crime existed
when iuries convicted prisoners Of capital crimes
without Sufficient evidence. IN violation OF ilsiics
called a. they should be csllcdiniicial murders. Tho
opening speech ni the I-irict Attorney him elf about it
cry thing which has recently brought o. my mind ths
mcinbrancc Of those crimes. II would seem though
and yet know Il moi the fact, for kinder hearted
more accomplished gentleman, an ADLER lawyer
have sridom or never 'netyct say " 10 Judge
him by that single act would fudge him be fihc
n'rcct and most demoniscal 81 has race Gentlemen the
case viii low be submitted 10 venture 10 tnai
r,icr ou shall listen 10 the testimony shall oer, the
le@ sn'ef DUTY YOU performed Ia your lives viii be
10 Hcq'm this woman, and rcmuvc from her this cloud
9 oissgce which has % long lowered over her head
lou WI reooe that you not called upOa 10 throw
oNer Eef AMI he! clidrou-oyer her whole family one
shp a'-he black mantle 81 iusmy, whose thick folds
sooF cucumber and cuiauge them through he bat will
Tea ant ouy Va pour on, Va them the oil o
70 otec TIC widow and the lacrle % say 10 hen they
have ~ t gd urn the Grin ground Of oour of il-,ir
ana tnss ol Si send eu fJ relieved OF tails Jlscie
siis iu', uis INFAMOUS, GiaDotcsl caarge When yon
ana we whoe community S have reason 10 av srd 10
you ue tnahks dos W twelve honest, upright rucu.