The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-09-15
Marine Court.
Before Judge sherman.

know all the parties IN this suit; am now In the EN-
ploy of the plaintiff,
State whether you have observed any acts OF i'm
proper intimacy between the plaintiff and Mrs Burdel3
| Al have them sitting together in the sitting
ROOM in conversation none being present except them
| selves; have frequently noticed this
Q--At what time did you first notice this intimacy
| A.-Since Mr. Burdcls sickness, about one year ago.
II continued up to the day previous to Mrs Burdeps
them together as late o'clock at night; the rest
the family servants aud children, in bod One
nng saw them toEether the room was asik N pe,ng
bring supper herself into the aror where they used to
sit together; was asked to bring supper n no
tced that there good deal Of feeling between Them
Mrs. Burdel appeared very fond OF the plaintiff; it seem
ell to from their conduct towards each other that they
| had some love for each other.
QWhat was the conduct of Mrs. Burdell TO her hus-
| band during this timer
Att seemed to me that there was GOODNESS between
them from the time when the plaintiff came to board at
| our house. which was not noticed before.
Cross examined by plaintiffs counsei-When first
went TO live at Mrs Burdell's there but child
aged about mOnhs the plaintiff stayed at house
which time there were three children the Oldest four
and three months the youngest only three months
old mean to say that when observed he plaintiff and
Mrs. Burdel sitting ieelingy together, Mr.. Burdeli
and the children had retired to bed never noticed the
parties sitting together when Mr. Burdel presents
MIR Burde has not eaten his meals with the family since
his SICKNESS he generally has his meals in his office; he
told me that it was because Mrs Burdell eat meat and
he would eat with them; that time he did not
frequent the sitting Mr.. Burdel and the children
did drink teu consequently they did not break
fast sppear the evening meal with Mrs. Burdeli;
have frequently heard Mr. Burde and Mrs Burdell dis
putting about the ,gh,nes OF the Gh',tren dress and ma.
Bure left the house the last day OF August about II
o'clock. Mr.. Burdel left there in the morning. when he
took down his signs He continued to work at dentistry
during the month OF August at the house. The suppers
speak of We're partaken OF more than dozen times
Mrs Burdel always taking them up though the servants
were about; do not know what they did with them-
during that time never saw enoughto make me believe
there had been criminal between the pa'ties;
only them in conversation together The children
had meals three times a day; never saw them very
have their meals regularly and nothing more; do not
know what that produced the GOODNESS between
Direct rcsumed-Mr BurdelI and his wife lived passa
bly, happy most folks do up to the time of MIR. Gun
nng's coming to board the GOODNESS was only noticed
Cross.examination resumed-Mr Burdoll did no, sleep
with his wife since his recovery. While he sick,
| the plaintiff slept in has bed room on the floor.
| MARGARET CoLLoUGH sworn-I have lived q ser.
want Burdels house for the past two years and
halt y On Sunday evening last winter, had been
walking and reaching the house saw Mrs Burdell
and Mr.. Cunning in the kitchens he took hold OF her
hands; when first them they were not together.
ming came up to her and took hold Of her /;
e sbe as n S
| then went up Broadway and when l returned Mrs
Burdell was closing the window shutters. ! often
them together since the sickness Of Mr. Burdel sitting
alone sometimes pretty and sometimes far apart
onesoccasion when went in, Mr. Cunning out very
something between them; Mr. Cunning would rise when
went into the room and appear confused, as if he did
close to anoher Ihdve them Standing up against
the bureau in The room rery close; when entered Gun
ming guck they have been together at night
when all the family were bed. During this time Mrs
Buraell paid greater attention to Cunning than to her
particularly when Mrs Burdeil was gone to Brooklyn
Cunning slept in her bed she absent at Brooklyn
from one week after Mr. Bardell went to the country,
until he returned, Though she used TO come almost
every day to visit the house, there being no. living
there unless Cunning and the two female servants;
heard Mrs Burdellsay that she changed her Dress be-
| cause it did not suit the taste Of Cunning
Cross examined Counsel asks witness to show how
| close Mrs. Burdel and Cunning stood on the winter
Sunday night. She does so, taking hold Of Counsels
hand and drawing him up to her in most loving man.
| ner. Roars Of laughter)
| Q.-Was there any thing between them
No. "a y were too close to have any hing between
the same moment entered the house; ef the house be-
did not like the confusion and the conduct of Mrs.
Bnrde there were three bedrooms in the house; Gun.
wife's; the children slept with Mr. Burdeil
des family for the past two years last February
have seen Mrs Burdell and Cunning sitting togt Their
such you'd order US 10 bed have seen them in
the basement so close that they touched This the
winter Sunday evening mentioned by the last witness
We were together and left because ashamed Of
re position MRS. B.rdeH ras in: When we came back
Mrs Burdeil was closing the window shutters. While
MRS Burde was at Brooklyn she ordered her bed to
prepared for Mr. Cunning. She took over sufficient
clothing and necessary furniture for herself and child.
rem She used to the city from Brook lyn
very often, she tod to the house in Chambers
Mr. Cunning called Mrs. Burdel at Brooklyn several
times After Cunning came to board Mrs. Burdell
oener with him than with her husband. She very
much changed, and appeared much fonder Of Cunning
than her husband. When Mr. Burde returned separate
bed was prepared for him Mrs Burdell told Cunning
found fault with her dress did not fit her to suit his
TASTE When Cunning wanted to have flannel shirts
made, Mrs. Burdell brought him down of her own,
and there was Jske, and laugh between them, The
tween Mrs Burdel and Cunning was a subject Of ire
quent cow orsaion with the servants We all thought
improper When Mr. Burdsl returned from the country
noticed that the meeting between him and his wife
| very cool on her part.
later than nine o'clock before Mr. Cunning there
she went to bed early because it her husbands
wish Mrs Buriell told me that because MIR. Cummings
room very close and small, that she thought he
would be comfortable in her bed and accordingly
directed TO he prepared for him. can't say that have
seen any thing criminal between them. told Mr. Bur
dell all knew August last, and made affidavit to
that effect Early last winter told Mr. Burdell that NJ
Cunning would soon hare his (sfr. 's) ufe oya Gun
ming wanted me go before lawyer, aud deny what
swore to, but refused. One day, after dinner, Mrs
Burdell was sitting behind the door, chair and
entered the room saw Cunning walk hurriedly away
from her, and go to the maate piece and take the
smelling bottle, whieh he used
from the country, Mrs. Burdell ordered make
psrate bed for her husband-they slept together
since, though they had done before he went away.
When Mr. Burdell was not present. would sometimes
ask money for household purposes from Cunning
qualnted with the parties defendant has taken his
meals at house since his illness Mrs Burdell did
attend TO her husband, whilo present proposed
that be hired there appeared be person
there 10 take proper of hm the bed which
oHenslVe, aud recommended that IL be changed;
was SO changed, and straw cot suosuted the paasse
was very hardj when defendant got well he first to
Brooklyn, and then took him TO my house; after that
went TO Herkimer his way Ohio: observed that
Mrs Burdel appeared very Indifferent her husband at
the time his lie was despaired of when told her So she
did not seem to worry herself any; in last August was
called IN together with Dr. William Buraeli a wit.
ness to conversation between the latter and Cunning
when some pretty hard words passed defendant being
presents was about property mortgage. but they got
so warn, backgsarGing each other that did amount
to much Another time, in the month the deferd.
ant requested me to 20 with him see Cunning who
being violent he afraid that might Law hands
on him; at that interview the defendant showed Gun.
ming printed copy which he said was evidence of his
Improper conduct with his wife; Cunning was ANNOYED
at my presence and told had better look ont for
myself; told him opinion the hnsiness was ihnt