The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-25


Impressed with the views OF ott ers has been willing
70 give de Unite answer about one mln until he has
seen anothlr, and then expressed his oouvtcton
founded largely upon his comparison bet xeen tue
TWO, In such case the Court must be careful 70 dis
pess Then s.a al ns ca,s aSs n ne ny ,,s
type, did not say that be did but stated wAs
resemblance about the mouth the color Of the beard and
bar WAS The same, but the ehskers OF the were
larger than thoee OF the corpse and again. after ne had
hr Ecksl and declared was not the man. on the
quest Of recognition being again put said the body
resembled more The man" Than Mr Eckel did, which
just nc resemblance ID. At all These were Mr. hAryines
say that, alter careful exam aaor do not ind them to
vary fom bis Testimony befo The only difference be-
his poe lon at thai time and this lies in consul
sons In facts His evidence before me as TO identity
limited "to some resemblance in the mouth" the color
and as TO dissmilarity, the greater length of the
whskers-in regard 10 the moustaohea the inquest he
could not say, bu. now he recelleced IT. ada thai
the resemblance about the mouth relative 70 ineamen
expression could not be very distinctive, the
Part the face mostly ed by the beard
In the Absence then OF act OF distinct recognition after
twice being placed the stand these the points
resemblance upon which am azxsd to pronounce the
Identification Of person 40 70 be made out In case OF
secret marriage and devoluon OF property n to declare II
legal conclusion Ii Is enough, In my Judgment that
M. Marvlne did rot recognise the man, Automatically,
when he invoked 10 test that very question That
the whole object OF his examination Of the CORPSE
twee he vas there; The dsguerreosype was shown to
sRud and be spoke to act OF recognition, but
only In regsyd to resemblance In regard to which he rea
ned, theorzed and coml ared He did not find Lhe
picture, but son sim,rde 70 IT, No greater In my opn
on nal might be expected in effort 10 simulate the
person OF the cecedent and II at this moment person
were produced who presented more points OF resem
banoe 10 the man he red than Dr. Birde, we might
req onabiy anticipate change OF biz belief and concu
sion.
s. There are several considerations touching the crcu
stance cor nected with this marriage and other proofs ed
duced BY the claimant which well be here
Ia The gentleman called on the clergy three times
twice in the open day she &C, was bold out no holder
team the daring requisite 70 achieve sim dated marriage
required The frst visit, II crime designed
cteary 10 make the and insure secrecy-or
II observable that the Injunction against publication
made and satisfactory reply received At that tune The
last view grew out or the fact thai the certificate
not prepared az the marriage.
C) Isis urged also that an application would not have
freud Of his as Mr. Narvne woud not ha We been seec ed
to perform the ceremony bad rAad been foot But Dr.
Burde at that time not known 70 DR. Snodgrass. Who
can tell bad the latter been found home osnen by tho
claimant whe her word would have been uttered touch
Ing marriage; and, finally, TIE only witness who could
have testified TO the particulars OF che interview Goshen
"a lot examined. There IL just enough In the orcum
TO give color OF opennees and that IL all Augvs
u states hal Dr. Borde said "he should Ike mother to
20 to Gohep and understood the wedding shou Id
be at the house, and yet the decedeui not acquante
with Dr. Snodgrsss, and not an effort -as made TO have
the minister selected IN his place 70 perform the ceremony
al the house
(c) DR. Ware testified tina, he mct Dr. Burden
with t~o .de. on the west side OF Broadway, crossing
h TIE north side OF Blocker street, evening of
the 18th Of October xst about eight o'clock And the
DOc,or bowed to him; that he was returning from No
u
bad called In consequence of letter he received from
him that day, dated the 9th Of october. In
place 81 The time OF the day the business
great number times before and after the receipt OF the
letter. and that be had not connected the letter with he
occurrence In the street until he found the document
week previous his examination, after search made at
the instance Of person Interested for the claimant
"a The claimant stated to Miss Van Ness In 5epem
ber when the marriage spoken Of that the Doctor,
herself and Augusta going to Europe In the spring
In November she told Dr. W. Roberts tha. she and Au
Thnvo lie htNt matt hn
dent himself had been talking for several years Of making
svoyage to Europe and after his intimacy with the claim
ant spoke Of taking her and Augusta With him During the
last fall and winter he ntmated to various parties tho
intention Of going the next summer, May June,
and inquired pso1y concerning the Pc and the
spoke 70 Mr. Smith of having adies accompanying him.
and in January stated 70 Mrs Dennison he would sake
travelling with lady" Not . wi,ncss, however, mas
been produced showing any declaration Of
ton to include the claimant the expedition excepl Or
Uhl, who testnes 10 conversation OF that tenor the
nth OF October, but have observed elsewhere there
nothing sufficient 70 az that date definitely This proposed
journey 10 Europe therefore, does not tend 70 esabh the
marriage. The evidence only shows that voyage 1880
cnted by Mrs Cur nnEham and Augusta with the period
truth OF the fac, would not prove the truth Of The
alton.
(e) The marriage Was secret The assurance Of secrecy
was obtained before the performance of ceremony
ventured ON Mrs Crrningham's part 1t was certainly
preserved with the utmost Indeed II IL
fraud WAS necessary that silence should be preserved
Secrecy badge OF fraud pnless fair and adequate mo-
tive be prescribed. Marriage h,norable and where it,
duties are voluntarily assumed by parties occupying
dependent poeop, there mus, be some strong and con
rose metve 10 induce suppression Of the truth. The
motive presented by tho claimant 70 that the decedent
had promised another party never 10 wed while she
remained single, and not prepared disclose tho
marriage until be went abroad sec nothing In the
TO cerroborae that view. IT. as the claimants counsel
gued, be forced into this mArriage-and n he was
driven into BY reason OF the suits by which he had been
.es ne might perhaps, through fear OF rdicule upon
regard to the have been desrous that affair should
be kept private On such hypothesis am not prepared
TO cay there vas DOT motive But secresy and publicity
canno, exit together-N tho motive was strong
enough 10 Induce eniirs seclusion OF the matter
from bis family and Intimate friends, Il Is certainly
very txuaordpsry thai he .h oud speak Of 10 mere
acquaintance, as II were known thing. As q
slight turn Of the wriit may party deadly thrust,
al sht variation or words may give entirely differ
ent direction to the support ard meaning OF language.
The subject O. conversation may he nbered, bat
where the precise phraAeoloey Ia Material the lapie
% umo, the lnhfmly of The human memory, tho In.
n cnce OF the imsgiptti)p, the harmony or the In
ccntislepcy OF the statement reported with tho
duct e the Tarty as otherwise inicaod, are Mi to be
weighed by the Court In determining ihe probability
Of m!,tke. Mr.. wkon testified that he met DR.. Bur.
dell IN Broadway the secoDd Tuesday WedDes-
day before bis de,eue, and inquirng 4" How ls Mrs
Cunnp cham, Ms BurdeIl that Ia 30 oe ~ received
the reply, "He was sorry IL Was Ms Burdell" the DIS
Ike expressed COMFORTS with the oher evidence In the
case and the Introduction OF small particle in harmony
with i, an "f" would charge the whole tenor Of the
Doctor 10 December January, In reference 10 an ex.
Grange OF operty when the deceden, spoke OF
LUuoIe 10 ana sail ne didn know
whether bis wife would be willing 10 Sign the
deed There ". difficulty Al this time, Uis-
Ing from MIRA CunnIrsham's claim Of lease,
and no doubt mentioned 10 Mr. Knowl-
ton but, with the evidence Of Mr.. Rch his partner
FOR years, tina. his recollection OF words sometimes In
dstnot and confused-"he very apt 10 detail bis In
ferenoes part OF The conversstop there fair room
for question whether the word "wfe' WAS used, the
witness drew an Inference TO tia effect from the dr OF
the Conversation Catharno Lamb, who had been ip the
service OF the claimant ai Q Previous period for three
years, testified that time In October, when Dr. Bar
dell ww attending TO her teeth, the claimant said she
was going TO get married 10 br. Bardeii" and, 10 q
question OF the witness whether WAS 30, no answered,
"Y<, and you come and 1--we with me" This
witness thus asserts free and easy disclosure OF an
Intention 10 consummate marriage, which carefully
concealed from Helen Cunningham, and made known 10
Augusta under the threa, Of killing her abe divused IT,
In tbs connection may note the declaration OF the claim
ent, mentioned by Dr. T. A. Roberts, that she "would not
rarry such man ~ Burdellr-"would not marry
that oahed her" An observation OF tina. character In
consistent even with q pretended marriage and is not
likely 10 have been made subsequent 70 the wedding,
though II may have occurred before.
0) Among the documents found In Mr.. Eekes pos.
session, ard claimed by Ms. Cunningham w0 q writing