The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-10

s,saSs Va ss,sSaased : y s.. - my ssi.s -
ss.ss - s,s scsrs $500 -, s d =. s.s n sSs
yes No y sssoes Aas h~ pWso szhased no evidence
N NJ sppsasanoe q - ssaAss d Ne accused.
NV, 80 ~ theosy q the Yossuan, ~ ~ having
psvo 49, s.y csoshes in " 49, w9s as1esd Or
M..sd, ..a be periscs'y sssss1 r.. u sssa.ssy
~ ave ssso, "a He pssss.s w. = 80 - M
yiss ma pesssAyiH have bsss - salf1au1A sutnt
,Ssr 1--WE y show any s,sss.sss q sa-.sDs IN
The house As AsnSed stained, unm pa I'm npd the
Nssgy ssssapsl " sbs nre y . aais ~ rspared
here BEING no appearance q ~ sais q e ~ Mood
upon any the garments Of Ne PRISONER = = any n her
ssss a. Ss ssy ' BE-. 'S -. ana e. - 1.ry
Siacuh 70 recoccie the guik NJ De asoueed
the facts which have been proven this sass Mat
upon their perssn marks If bosd, not MARKS e vio-
lence. Now, gentlemen, another evdeneeaAd Q stYtng
not controlling one Of Ne guilt Of tAs ps'ses sayed
with nurder-s, finding upon the sc0used weapons With
which The deed either was perpotrased, - With which
might have been perpetrased, IN any ps.oss ever
which the accused had exclusive control peseop-as
for instance the put BY Of the sssnsoa e per
'ho, by pistol ball, whore pistol found tho
possession Of the accused With which psbie that
The ball had been shot from It, and when NE dissection
Nok place, the bali found In tbe body Of she deceased
would not fl the pistol; therefore that circumstance
in this present case hero bad been found upm the
person Of the accused h any Of her drawers
which she had exclusive consro, weapon such was
competent to inct these wounds upon tho deceased the
case would have been q very strong one nay may al
say conclusive ono. Now, how is this case
gentlemen While was found IN the possession OF
the prisoDeror consider the bureau In her poesess
while there found In her possession this dirk hOlding
ny the dirk to the view Of The jury which
length Is III inches, is half inch the hit going
point-snd Or. Uhl says those wounds could not have
been inflicted with this instrument, 70 seems that this
dirk could n have been used more than pistol shot
the man which the ball did It, II Q perSsS ma;he.
NAUTICAL demonstration Then this blade b ~ three
Inches In length, and thrown Of the case entirely
Then the only other item evidence matter Of the
pistol being found IN the hands Of the accused.
pretended that the wounds inflicted With the pistol
but IL IL urged that the possession Of q pistol
by female Is the evidence Of nurderous intent
Now gentlemen what s the evidence In reference this
dell purchased it, one very nike IL tudse that we
commit no error In assuming that this the pistol which
Dr. Burde purchased with Dr. Mcclure, and used his
The testimony OF Miss Cunning ham u.s. that ths pig.
to given by Dr. Burden to Mrs Cunningham while
she was in Twenty fourth street, before she went to the
house in Bond street. II h q very important crcum.
stace In sny event. because not pretended or alleged
that any Of tie wounds inflicted the deceased were in.
fcted by pistol The most that o,ud be made of the
circumstance snpposing the prisoner bad II, that
might nc evidence that she Intended at some time or
other Gas argued on the part of the prosecu,ou) 70
TO njuring the Doctor. Whether the possession of
the pistol under these circumstances NJ reasonable
presumption for you to draw, Is for you TO say.
The next inquiry which presents itself had the prisoner
al the bar the physical strength nct those wounsY
Tha, is very important question for you answer II
you get far this stage OF the case s true gentle
ms D. that you must bear in mind that person excited
by passion viii do fourfod what the same person uner.
cited could and TO determine this question You
gard the testimony In regard 70 the strength Of resistance
which Dr. Burdel would naturally be supposed 10 make.
And appears TO me that this Is very proper pon. for
me 70 state 70 90 he testimony IN reference 70 the manner
in which those wounds were inflicted, saying nothing
about The person who inflicted them think all the ply
sicisnt agree that the frst wound inflicted on the
right shoulder, while DY. BurdeD sitting In his chair at
the desk in the centre OF the The persoo have
inflicted that wound him must necessarily been
either in the room when he came In, or was, per
hsIs, more probably concealed In the front room,
and came out after the Doctor had seated him
self In his chair; for you win remember that ls in
testimony that the door Of the front locked and
the other 10 those two roos which we have
had passage between them, from the door Of the
went out was bic custom 10 lock it. Now Is Alleged
argument bring the charge home 70 the prisoner thai
sne had The hey Of the Doctors rooms, and that abe could
and probably did gain them and she must have
been In them 70 make their theory IT the tune when
he r~turned, TO &, into his room.
You WIN remember that the bracket hight ut this eide OF
the wipdow-ths bracket hight which TO the instru
ment casewss found lighted In the morning precisely
was eft nj night, with bead pretty well wit
nesses say that was fun on, some that not quite
al on You VIII remark asked the question whether
chair at tho desk TO read. Ny object 70 sec
how generally Il III the room The was In
The ,ssrmstve, and The room nOt being a
less the Doctor seated there examining his bank book
or perhaps reading the Dewsraper and the person who
inflicted Ibis wound the right shoulder
ssriy approached from behind him. Dr. mi says (and
he coDcurred n) that the wound must have been
ft1ed while the Doctor sitting, hecauee the wound
the right shoulder md drops blood
the right side of the chair though blood had dropped
there from the wound sorne Of the wttnesses
ttnk that this wound must have boon inflicted by per-
son taller than Dr. Bcrde II Il for you 20 say II In
ccted while be sitting down, whether Il must have
II Is very sppsien, thai TAI whsn lat SouDS wss n,
fcted, there something applied % the neck las from
the medical stAemsns there weud seem W have been)
something either In the shape Of cord snikerchef
OF a rope, something which thrown round which
produced q struggling whether Wa done by tho
svden, ths, there vas sous cor, Of ,hs kiSs Innss
dae the Doctor must have sprung rp from the chair and
made for The door, because the aide OF the door and side
Of The wall manlfesly exhbts a. tho blood which came
from this wound remaining there The person must have
necessarily got the Doctor quite into the Of the
room and think tbs, probably would account for tse
abrssoo on the hose spoken Of by nr. Uhl think that
this theory sustained by the evidence 10 the case for all
ho ether wounds upon The body were up tho left sde
and the right side ai ellpos VI he II seems
have correctly looked the testimony that e person
Who inflicted the wounds bad the Doctor In the corner OF
The ROOM and that the vou1dg thus inflicted which
Caused bis death pa; be mutt have dropped down almost
nstalaDeously In The corner add drawn little out
% 90 Y permit the opening q TIE door, ard there
seems 70 me The resui % this testimony, from The
attention have besn able 70 give Il, sBd think AL
ne testimony hArmoozea With ula, view Of t.
prisoner Of the bar physical srengih have p~oduced
those reeutsf And In r-fsenoe settling tbs quozon
you 70 bear IN mind tie circu-as,snccs vhsh have
been already dssAiled-,he dcTth and the number o.
the wounds, I'VE IN number TIC clrcumstnos ef ro-s
snce 90 the par q The deceased, The sSsenss q all ev
dsnoe o. ssy injury 70 the person of The prisoner lhe
anoun, Of force pcccary 70 nnc noe, wounds Ia 70
feroooe 70 this poln WI be necessary ror ycu 70 oonx
der e evtdeoos Of the vDeecs and your own obasrya.
Ton ~ 10 The force necessary 10 in such wounds and
In this connection also you 10 take into couderslou
hs Testimony o,Dr oarn, 10 reference 70 TIE alleged a.
shahJ Of the prsoner, by reason OF tho rheumatic asec
Ion with which che was arsccd You have heard an TIE
tsstmcny co this subject he tbcory was started tai
ibis wound on che right side inf SD by = lan
banded person nr Frsncis nousta night be 40
Obeye bought mlSn; be OF r.irtt no,
rou VII tufse from The pcsos Of The body and OF The
wouDAs yo1 srrve ~ the Wow With have erp-cr-ed
70 you whcshor or MOI ieaDded person could have In.
nicted then. BY he testimony q " oaikn n vsud sp
par That he rteumatism afecsed The prsosey,s y.ehf
arm and shcsltss 70 much greater cosree than the IN
he neofy q ~ prosecution b thsi lefhanded person
gave uh blow, 0as the prisoner vas lerhanaed and
hai the natural oonci aaos thd !, vss lnf,csA by
nsf. roa wa remenbW Tho Testimony which las been
given U reference 70 the - her ien had and her
reason sr using u, and ycu win make ssch dedScous AZ
yoS ocen p.cP~ II 700 come 70 Ao oooo,us:or hat he