The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-06

htion TO witnesses conversation with Dr. Burdeu WINE
Mrs Cunningham was not in the room, but was IN NC
Judge Davies would let the jury say for themselves
whether Mrs. Cunningham had heard he conversation
Cross cxamined-Sothng ehcited.
TESTIMONY OF JOHN BURCHKLL
John Burchel was the next witness. This was the boy
Ills evidence was 10 great extent o mere repetition Oh
what be testified before the inquest He testified To
Mrs. Cunningham saying to him the day before the mur-
maam,' be replied "John, said she, "he will get all
over his passion in three four days" The Doctors
head. he said hay near TO tho door that common sized
man could net have entered without knocking tho door
against When be went up to Mrs. Cunningham's room
he saw her lying on the bed screaming and crying and
Cross examned-saw Dcke that morning just as he
witness) came I'M he saw him the grass plat IN tho
yard.
To Juror-The day before the murder he came at
O'Clock; the Doctor left that morning at tx ocsook wiz
Dess was IN the working room when he Mr. Ecke ON
the grass plat be had bis back turned towards him. going
The Court here atop. H., toook a recess for boay.
EVENING SESSION. 5
TESTIMONY MARY posoBo
Mary Doncho was nett examned-Ths is the woman
who had been in the employment Of Mrs Cunningham as
chambermaid but who had left the house some days be
fore the murder she too, middle aged intelligent
man. She testified 10 difficulty between DR. Burdel and
Mrs Cunningham some time before the murder The pin
cpa words she had heard her say were, "Youre bad
mana very bad man" She heard Tho Doctor say,
"You're bad woman" and then she heard something
like scufe and the Doctor put her rs c. out Of the
room. She (Mrs. then went the back room where
witness She seemed very much excited flushed,
and asked witness whether she had the Doctor take
gun out Of that closet Witness said she did not her back
was towards him; that she merely heard bis foot he
came in, but did not sec him she then said "Mary, you
have no notion what bad that is.p
Counsel for the defence hero interrupted 70 say that
full stenographIc notes being taken Of the proceed
ngs that that would obvate the necessity Of the Judge
taking full notes. and that consequence the hours Of the
session might be diminished the OF their client
really required they should.
Judge Daves--I must assume that tho counsel on both
sides came here prepared TO try their case
The Judge consulted for short time with the foreman
Of the jury as 70 their wishes about hours, and then an
nounccd that the Court would meet at the morning.
Sit I'LL two, take recess TIL three and sit till eight in the
evening.
ness Mary, you've no notion what bad man that is
witness said, " Biees me- he must DO dangerous she
then said what the noise was about; that the Doctor
wished 10 bring some woman back to the house. and she
did not wish 1t, because the bad character
witness said, she irs. CO. perfectly right in that
take any notice Of or speak about what heard here
he Is passionate man. and can manage him MYSELF
witness then went about her work about an hour after
Counsel for defense objected.
witness-He locked the door Of his office room then,
saw Mrs Cunningham after the Doctor went out she
Mrs. took key from her pocket and unlocked tho
Office door told witness 70 60 up and toll Miss Augusta to
come down. for the Doctor was gone out; Miss Augusta
down, and went into the room whero Mrs Cunning
ham had gone before her. witness Went also into the roo
and passed into the front ROOM which was then the ONCE
ROOM them there; they looking at papers;
Mrs. Cunningham had . paper in the right hand the
drawers Of the bureau were open, and the doors;
"tha will do Mary" and witness left the room, they
manning behind; saw In the house bunch VI keys ted
with piece Of red aPe they seemed TO be iron ksys
Counsel for defence objected TO this evidence irrele
want was such as they might want 10 get the surro
Counsel for prosecution claimed tbey have right 10
show an extraordinary intimacy between Mr. Eckel and
The Judge would exclude that evidence Tor the present
until be could zee It's relevancy.
Q. VIVA. doors were there between Mrs. cannrgham's
Same objection made and sustained.
g Did You observe whether Mr. Bcxei's bed was
Same objectonCounscl for defence could zee why this
point was urged inasmsch rs counsel Mr Edwards) was
Judge P Soas hs ss s Would zen.
he trial OF another ISSUE than that which the Court
trying would be departing from the issue before them
That unfounded the motive Of the prisoner would be
stronger than II n were well founded.
Counsel for the Defcnce-The prosecution can examine
Judge Daves-f would not permit him.
Witness-T have oten heard Mrs. Cunningham say that
he was q very wicked, bad man-that there was no
doing anything with him; heard this three weeks
before the murder was committed; II was frequent
thing for her that he and ugly
there was doing with him never heard her say
anything about his being married, but witness had
marked, Perhaps III ne married, and Dad some
tolgude him right, he would not be so cross;
she Mrs. CO said would be pity OF any woman who
would get him. this about fortnight three weeks
before the murder; at the breakfast table morning
they were talking about the Doctor being ugly with
George snodgass Eckel said the Doctor would deserve
good knock down n could be done handy; Mrs Gun
bingham did not seem to make any remark che merely
laughed; next morning they again conversng about
the Doctors ugliness; II was a general talk among
them tina, the Doctor dsagreoable man; Mr. Eckei
laughngy put down his knife and fork and rub
bing hs hands said, by lingo, would not like TO DO
a. at the No sihr sS up , % mat 9d follow II
Mrs Cunningham laughed and said nothing, but told wit.
ness that she was not required there any longer the u
day night before the murder witness heard good deal OF
noise in the Doctors office room the back room witness
was washing the ollcloh the first floor: the nose was
great and continued for about or teen mnutes the
Doctor then came running down the stairs; that night,
about quarter past nine, Mrs Cunningham into the
kitchen and told Hannah aud witness get ready and go
up bed she had before that night
bed she said 10 witness she did not muss Mary she
then turned to Hannah and said "Hannsh, Mary don't
know What mean mean about The bos,or" cont sa,d
the oiIclosh In the hall and heard aiin
Q Did Mrs Cunningham ever invite you and Hannah to
90 into the bath room to listen 10 what would be-
tween her and the Doctor A. she never did
ma you know OF any persons drinking punch In that
Objection made and allowed.
witness--Mrs. Cunningham sent me once with bowl
OF soup TO the Doctor, and he declined 10 have H. saying
pc require IT. Mrs Cunningham sent her up another time
with sort OF hot stun whicA they In the habit OF
having but The Doctor would not take H. ~ he said he
never took anything like that
Q. Was Mrs. Cunningham In the habit OF ussng her
right hand or efp A. oen remarked that she used her
left hand more than her right for instance abe used hcs
fork good deal
To the Judgc-I saw her with the knife her eft hand
sometimes cutting and thought to myself that she was
len handed at the time d the change OF the Doctors bed
from the back room into the 'front.' Mrs Cunningham SAID
70 witness that she supposed thai be might bear
every foot or noise In her room
Cross examined-She never thought OF the bet stun
which she Drought Tor tho Doctor being poisoned the n
miy were all drinking Of IT. the soup which she brought
10 Dr Burde was The soup that was made for the family
there was nothing wrong about that.
Counsel Tor defence asked witness In reference 10 the
circumstance OF snodgas having LET the Doctor into the
house one night; but Judge Davies thought not his
duty TO cit there and allow the time Of the Court 10 be
cupied In such Irrelevant matter
Witness never had any quarrel with nr Burdell he and
Hannah had helped her time OF the cellar she had
been IN bad health, and had taken glass OF bad brandy
one day after State occasion aud having gone down 70
the cellar took fAintng At, 70 which abe Il subject
Witness when about 70 be discharged by Mrs. Cunning.
ham requested 70 be kept longer addicted TO habits
OF ntoxcaon Captain Ds for some reason OF his own,