The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-07

My HsnEo' ma vow 70 up 70 Mrs Cunningham with
officer Davis and the Coroner? 4. Yes, sir;
O. Did you hear the remark she made 70 MN wnen tney
took her the Coroners messagef A. was MOI WIN MN
the FIRST tmeI was with him the second time, when abe
O. Did You, after She had concluded her testimony, 90
up stairs with her-ater her examination A. No, Sill
think not
O. who went up with her, do you knOwi A. No, sir;
O. Did You here her make remark about her testimo-
N.Y. and SC, what was III A. do not recoIect any
@ Did you see Mrs. Cunningham on Sunday morning.
g. Who were with herf A. Der two daughters and
O. In what roOm' A. In her bedroom, suppose; she
The Court-The third story front rooms A. Yes, cir.
O. What was she coingP A. Well, she and the youngest
daughter appeared 70 be arranging affairs about the house
dressed altogether when got In the ROOM
O. Did yon anything more Of them that morning.
O. bid You bear any singing in the house that morning,
A. Yes, sir, did
O. who was II that was sDsngs A. Mrs. Cunningham
O. what was the character Of the music, A. should
not call sacred am not judge Of music don't under
bow long did 1t oontinuef A. They sang the tune
Q. Hsw loDg-befOre breakfast or afterf A. Before
Mr.. Hall-The witness is with you gentlemen.
Cruise xamiDed by Mr.. Ontm-Q We're gu present aa
he time Of this singing? A. Yes, sir.
Q. where did il oocSr--is their roonY A. Yes, sir.
Q. Who else was present. A. think the family was
Q. Could you name the individuals who wero present.
A. These iekr csidren were present
Q. The sf1e ones and the oaughtersf 4. Yes, sir.
The Court-Apy thing further, gentlemen9
Mr.. Cinton-Q You lay you are not Judge Of music2
A. do not profess 10 be a Judge Of music
Q. were any wo,ds used IN sinng-or didn't you pay
,articular aiteD'n9 A. cannot say that did not pay
attention; think did, but to the words, would not
ne positive that beard any words.
A JuIor-Thi- was on Sunday morninngf A. Yes, sir.
The Court-The Sunday morning after the murderY A.
morning or the next; It was Sunday morning. but
win not be positive; am pretty confident now that was
he second Sunday morning.
Mr.. Halle Captain Dilkr in the room?
Voke-Yes Sir.
TESTIMONY OF CAPT. p1Ks-,pENrIrIcATloN OF PA
PERs POUND IN Mr.. EckEL's ROOM.
Capt. Dilks was sworn and ex ,mined by NJ Halo
Were you esent any search where papers found
at 81 Bond sIeep A. Yes, sir.
The Court-Sate the time when
Mr.. HALO You PRESENT at The search in Mrs
Cunning hams that PAWS has terrified TO- A. Thi
the Sunday evening Immediately after the murder
The Court-The first Sunday evening" A. Yes, sir, the
urst Sunday evening, in Mr.. Eckel's bedroom.
O. dna some papers marked with your Initials, which
A. Yes, sir. or shortly after
O. How did you mark them' A. marked them with
O. And the same papers that you marked were the
anne Papers that you found9 A. They were, sir
win you ,eef these (hapdips bundle Of papers 70
Examining The psrars) These are the papers.
@ Where were thee obtainedf A. They were found 10
tsecretary In Mr. Eckels bedroom.
O. II was piece Of furniture that was used a. bedS
A. Yes sir
O. 10 you remember " hat was the envelope-would
You know II II you saw III A. do not know that saw Il;
i.bould know the arers.
Q. Look at this envelope {showng an enyelope). Wit
Mr. Ciptop-As the District Attorney identifies
Mr.. Hail. now propose to offer these papers In evi
ence.
Mr.. Cnton-They might or might not be evidence they
no, traced to the defendant
IIfe Court was occupied in examining he papers.l
Mr.. Cnton-Now, ray, no foundation has been laid
,r the inrcducton Of that testmopy-here no legal
rule uf ing NC Introduction Of papers found not in he
possession Of the party trial. but IN room not
INT, FAR as the testimony, tae time OF the search.
submit hat there are many objections 70 their introduce
Mr. Hall-your Honor please the prosecution fully APP
rrecate the obj just made by the other side and
'iobably If the prosecution wore defending the wo
man they would make similar objection, because the
violence in itself Is Of sope importance, and counsel,
moving that the evidedce which offered - Of i'm
ortacc has OF course an interest TO object TO H. But
strenuous that this evidence should be admitted In
adjoining Mrs. Cunringham's room, paper found
ee oI ou1 Hnnor % S no a 10 the jury
shall be admitted evidence But in that Is found
certain papers which directly relate to the connection be
'ween this man and this woman, who Is now on tria-pa
which show business relations pccuniary relations
-Hi.trg between the two, Papers whose Importance
Mr. Chnion-I rise 10 point Of ctfer whether q g pro-
for the Dh,ric Attorney disclose the nature Of the
IaIers
Mr. HALL carefully avoided that, simply speak.
Mr.. Chn,onYOu spoke of the importance and the reh-
MIR. HALL carefully RETAINED from disclosing he cha
;acter 81 the papers.
Counsel for Mrs Cunningham-I with to be heard on this
question before Il u deciiod
The Court--lExaminirg 'hs papersl-You may proceed
Mr. Hall.
Mr. Hail. win refer yeur Honor TO the very plain prin
Ie Of law TIA, when you try any person for crime, and
hat person In Of particular premises you are
not c ned 10 any particular portion Of the premises kept
by such person, but and articles having any
NJ direct or Indirect relation TO the crimcbecausc that IL
mere question Of ctmreency-y on have perfect RICH,
into any Part Of the house for the sake OF Continuing
your search; and you find anything upon IL face show
nc any relation y cunary or otherwise, between these
their deductions Wheel ihe have been absiracied
rom scme oiher place, and whether they not have
,ht shows something which bears directly upon the e
i've Of Thu person to ccmmit murder upon this thai
elaions between them which should be given the Jury
link that upon the very elementary principle they
heJ are competent evidence TO be- submitted TO the jury
to,ay whether they are lapers upon which anything
be prtdicated IN exenpaton of this crime.
tornsel for Mrs Cunnngham-Its gary show how
bete IaIfrs were founGunder what circumtances and
N What iace, and how the prisoner charge before you
II ce fspers are those contsnded by the prosecution
then they eydeDce. matter where found II they
in her handwritng with her s1 nature then they are
evidence But there no proposition before he court TO
The cOuri-I shall say after looking at the papers that
hey are papers that look Il they belonged to The case
they lock ss " naturally they belonged to the crse.
Counsel for Mrs. CunDngham-lf they her accla
rauonher signature, they would be evidence hut they
the declaration OF other parties In writing AMI they
nCt 10 be admitted unless they found In her possession
Now, what are the facti she stands before this court
arRed with having committed this murder alone There
TO be redspoon the part Of counsel 10 refer
the relations between her and Mr. Fckel These papers
found in place which she had control They
found in the possession Of Mr. Eekel who compe
ten, witness to come before this Court and tell where he
them, and prove whether he had had them or
Instead Of that they seek TO init oduce these papers for
the puirose Of showing whau-tha she committed the
murder. Suppose, II intead OF these papers, bloody
dagger bad been found the dagger being perfectly compe
for efectng this murder would have been incom
petept testimony 10 Introduce because would show no
that she did the act, but that somebody else did H.
found In place where she had dominion
They had the right 10 20 through Mr.. Uimanns
room, examine his drawers and private papers bring
them In here they had indicted these parties together
then they might Introduce couli