The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-09

early that day that abe had mar iags certificate.
L. It not 20, geotleueDs- (spp shne TO ths tDyl
The jBYy ne6dec ssqntescepce, nd enc Of then
remarked thai DR. Main bed pfove,it
Counsel for dettDee-I do not knew whether the
jury are 70 visit the premises.
Judge Dawes have been consulting with the
gentlemen Of the jury this noruiDg On The subject
ard they think they have . very sosarste know
ledge of Gil tie localities Of hst bsose which the
nmdels, and TIE drawings and the testimony a ehe
wisneeses nave given They understand II 60 Fully
that they do not think it Aeossay to waste any
tn on the snhj ,ct
CounseI-wei. hen, there are some things else
which want 70 examine the witness about
Counsel (referrins to the nodel)-This southerly
room in the rear was ordinarily occupied by tn
Judge Davies to counsel, after reflection and an
irs,u alton from wiu ess)-You may veil ask tht
witness about his beng she vn the marriage cersa
cate.
sone one up "a get her name and to See ~nst she
knew abOuS the matter THIS WA some time aftaI
tfe Grcrer bad get there and had Commence
taking eviseDce: she It'd me then thas abe could
lot give her ane as Mrs. Cunningham; ! asSee
Why; sbe ssi0 vas named to the Doctor; ! aekeo
ter she had certificate; sbe said abe hsd sskso
ttI t it aDs she took cut Of some Of her ORA .ess
spn showed il 10 me- read It and then handed 70
her; she said There it ia. the Doctor gave % me-
I'd IT to ne himself;' that 10 the last time thas
Q Did she at that time say to Won that that was
the +, .ret sbe referred 10 A Yes
@ What is the situation Of that house as 20 the
rear the way Of scce to It a. the rear? Is there
. stable In the rear Of the ho1sel A.. Yes
Q What ,s the access % t0is stablef A. cannot
TIL yon; have never N en- there.
@ In there any access % the yard for horses or
sDimsls fJOm the front srreet2 a. Yes; these s an
eDtrsLce between DR.. Francis house and the next
enc.
Q There is an alley way that runs through BE-
Q And there IL the enhance to the stabse9 A.
Yes sir.
O. IL there door from the stable leading into
this yard? A. never was in the yarc to my know.
ledge, except 70 90 to the door.
Q, supp Fed you knew sbout II; will call some
one else as 70 that how many houses are there on
the south SIDE Of Bond street that have those dorel
snCo~s, anc present the saue appearance AZ this
one 2 A. may say thu Whole row, except the tvs
Iast houpes No IS and IS. which have square
roef; sll the others present the same appearance
pretty much
O. The sane heieht1 A. There issome discre
paiey IN the hsigat, and do not know bat there
9. Were yon present at No. 81 Bono street on sa
tur6 ay night, March 2Srh, the Saturday night pre-
vious to the sale Of the Doctors furniture2
The Conrt-.l was thinking about those experiment.
ground on which they could be sdmissib' o b shoH
that the persons in the hoase did not bear my noise
that not prove anything; it " Of M matertaity
here can be no sccusasiOn brought against them fo
Dot hearing am quite willing 70 permit anything
and everything that will have any bearing, even re
motley, on the issue, but this has none that can
set.
Counsel for Defence Your honor il correct thai
we trying This case on only one issue, whether The
prisoner Ii gull OF innocent of fhis murder; BAT il
may he uvl ed that she oid BOT do II with her owl
bar de, yet II sbe was in the house, and had any
guilty knowledge. Il makes her principal. We al
know that the popular mind has become possessed
o, the idea that such struggle cOud not have oc
CURED without the knOwk dye Of the in nxtes
CouTf-h ia not Necessary TO prvve anything to
rebyt any impression Of the p0puisr msnd, or any
impression that nay he made unfsvorable To the
accused. Every impression u the law 10 IN her
ounrel for Defence know that is 90 legally.
Couyt-Yes. the law presumes her to be innocent,
until prove1 guilty.
Counsel Tor Defsnoe-True; but she and her daugh-
tiers az her Sons have t to live in this community
Couf'-rtere IN but one person oa trial now; she
In rot charged "a an accessory, but a. principal;
caipot zee h"w any question can be raised IN thu
case as to the hearing.
District Attorpey-The thug was either dons
wub,u' noise and silerty, or with noise Mo-, th'
only evidence We have had here goes % show that
sas done by stranguatioD, without the possibility
of making noiss 20 far We have had D tesomOn,
of any bose. ard think before the testimony is ad
pissible. there onght 20 be some evidence OF Their
having bteD n0iae.
Court do not see any necessity for II, as Tx
case stands.
Counsel for Defence-i admit that this experiment
vas taken with reference 10 the testimony oefort
the Coroner.
Oourt-Wen, hope hat no aTusion win be usd6
10 the proceeding before the Coroner again.
Gross exap in. q by Mr.. Halo. Are you mar
risd nan Doc,or3 A. am net cir.
O.. You have been in and out OF Mrs. Cunning
hsm's house great deal curing the last too years
I take ST A. Mn. Cunningham has not hved sher'
so lor q; ever since she hAs lis cd there, and yea
and hak before have been in and out there.
Q. During The time che has lived there you hsv'
been frequently in and out A. Yes; have, am
l iIequen y before, for ytar and a bali.
y Wien you went {, Saratoga Jon vent In com
paDy with Mrs. Cunnin CHAM and the Doctor2 A..
O. Who else went with Mrs. Cunningham A
Her daughter, augusta, ano lady friend OF theirs
"a lady ! never hao seen before.
O. On SaiurSsy morning DR.. Main bad been al
10 her room before GU got thc,e2 A. so hs inform
I'd me eipce; do not know myself; supposed b
hao Dot at tbe Cor ner's inquest
| O. understood there wero three OF y0u who o.
shfed IN turning over the Doctora A. Yes, thnl
ibele were three.
o Up to that tine he had been lying On his facc
A. BE bsd; be Vas on his face; there was Q ltd
discrepancy IN DR.. Maine testimony and ~ l sas
him fret; The Doctor informed me that be bad pulle
| his bands ftom upd,r him, and when found htm
/ found his hands Of az Sde; bis information hav
@ Did you notice OF What bour the watch q ~
Doctor stNppd1 A. No; did not take the wascl
| IN my hands ut al.
| o. Was the instrument css open when yoa sav
| IL before the looking glass bct~een the windows
A. just as you see II In this picture (rcfsring h
| oustration)
Q. Was there anything lying round but what b
long ed 10 Il, seea nely A. No; there we're hook
| and lhipRs on the tsp.
Q wb.p Mrs. Cunningham produced this maj
rage certificate, she showed il 70 you and you rea
| itf A. did
/ O So I inferred from ysur testimony. Ysu hs,
l Known, however Of the suis between her and IN
Doctor, had Jon not, previously A. Hsw do yo'
l want ne W aDswyff
Q. Merely the fsct whether you had any know
| ledge or net heard her sPcak " theu and
beard Or. Burdell; ] also ssv the bond that Va
| given.
O. What time was Il that you heard " the suit
| from Mrs Cunning ham--when did she toll 20
| A. Il was about the time they were negotiating
| settlement, or about the time Il vrs sottkd.
l .. Ry q Jpror- IL haa been test 1ed 70 that thar