The Trial of the 19th Century: The Murder Trial of Emma Cunningham

From time to time, the media picks up on a particularly sensational trial in which they know the public will have an interest. While many people quickly grow tired of these trials, media outlets know that yellow journalism sells. We see it all the time today and it was no different in the 19th century. Long before Michael Jackson, Scott Petterson, and OJ Simpson made headlines, the murder trial of Emma Cunninham captivated the news media and readers all over the country.

George Cunningham died in New York City in 1852 leaving his widow, Emma Cunningham to take care of their five children. Although Emma and her children could have probably lived for some time on the proceeds of the $10,000 life insurance policy George left her, she was a relatively young, attractive widow who knew that she could quickly find another husband.

She soon met a wealthy dentist by the name of Dr. Harvey Burdell. The unmarried Burdell rented rooms in his mansions to various tenants, so Emma soon took up residence with him. The two of them may have had an illicit relationship, but it is unlikely that they were in love as Emma later claimed.

By most accounts, Burdell was not a very nice man. Although he was worth over $100,000 (a lot of money in his day), some claimed he had defaulted on debts and even embezelled money. There are even some who claim that he abused Emma and forced her to have two abortions against her will after getting her pregnant twice.

In early 1857, Burdell was murdered. Someone strangled him and stabbed him at least fifteen times in his own home. After examining his bloody corpse, the police concluded that his assailant had been left handed. It just so happened that Emma was left-handed. That fact, along with testimony from Burdell’s servants saying that the two had engaged in an argument the night before led the police to suspect and arrest Emma.

While in prison awaiting trial, Emma claimed that her and Burdell had married in secret the previous year and that she was pregnant with his child. She even produced a marriage certificate as evidence. This revelation undermined the prosecution’s argument that Emma had hated Burdell. Why would she murder her husband and the father of her unborn child? She played up her great love for Burdell by throwing herself on his casket and creating quite a scene at his funeral.