Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-09-01
THE BURDELL EsTATE-DECIsIoN OF THE
SuRRnn Amr

The decision pronounced BY the Surrogate, deny
ing the claim set up by Mrs. Cunningham 10 be the
widow of Dr. Burdell, corresponds fully with public
opinion on the case. From the moment that Mrs
Cunningham put forward this claim, ii was received
with increduity. In addition to the crime OF mur-
der, perperated by somebody very conveniently for
Mrs. Cunningham in the character of Dr. Burden's
widow, the public thought they saw good reason to
suspect simulated marriage also. These two
offences were naturally connected in the public
mind; and as Eckel, as well as Mrs. Cunningham
labored under suspicious of being concerned in the
murder, ne was at once fixed upon by public suspi-
cion as the man who had personated Burdell on
occasion OF the marriage. The failure of Mr. Mar
VIM the clergyman, of his servant girls 70
identify Eckel as the bridegroom, produced con-
siderable reaction in the public mind, and q very
remarkable one in the mind of Mr. Marvin himself
AT first he had been unable to perceive anything
beyond slight resemblance between the features
of DR.. Burdell and the man whom he had married;
but, having apparently made up his mind that if TIE
man was not Burdellh he must have been Eokel and
being satisfied that he was not Eckel he concluded
that the perso married must have been BurdeD and
upon the strength Of this reasoning, was much more
positive before the Surrogate points of resem-
blance than he had been before the Coroner The
public viii sustain the Surrogate in treating the
testimony OF Mr.. Marvin as affording no grounds
for forming any opinion as to the identity of the
bridegroom; so that the whole claim of Mrs Cum
Augusta alone.
Considering the nature Of the claim set up BY
Mrs Cunningham, the least the law could require
in such a case would be that the secret marriage
relied upon to change theinhertance of large estate
should be established beyond all doubt; and, con-
sidering the relation in which Augusta stood to her
| mother, it might well be questioned whether her
! testimony alone, even though it encountered no
conflicting testimony circumstances ought of itself
to be sufficient to sustain such claim. In the view
however Of the Surrogate the conflicting testimony
and circumstances are such as to place Augusta in
the position of confederate in a fraud. The Sur
rogate holds-and the testimony would seem to bear
| him outin it-that DR.. Burdell was in Herkimer on
the three days preceding the 28th of October dur
| ing which time, according to Augustus testimony
| he was making pre- parations for the marriage. He
also holds that the whole conduct of Dr. Burdel and
Mrs. Cunning CHAM, both prior and subsequent to the
18th Of October Inconsistent with the supposition
| of a marriage between them on that day. Previous
| to that time, they had been in violent hostility and
| Mrs. Cunningham had instituted suits against him.
1t is true that arrangement for the settlement of
those suits was reduced to writing five days before
the alleged marriage, on which occasion the suits
| were discontinued; but compulsory marriage on
| the part of DR.. Burden with woman whom he
detested had been part Of that settlement, surely
the suits would Iot have been discontinued till the
marriage had been celebrated Nor did either of the
parties act subsequently to the 28th of October as
L
each other. DR.. Burdell follows up with pernacity
his determination, formed SO long before as the
previous June, to get her out of his house on the
first of May; and, finding that Mrs. Cunningham set
up claims to lease of the house for next year. and
also that she was mediating renewal of the suits
the oath of January six days before his murder,
| he appears from the testimony to have forced Mrs
| Cunningham to sign release and an agreement
to give up the house the LIST of May but not till
after the house had been disturbed by cries of muir
der and other symptoms of q violent quarrel, such
called for the intervention of Helen to appease the
| Doctor. Had there been marriage between them,
| such paper would have sVailedhim nothing toward
| getting her out of the house, and she certainly
would have refused TO sign it. Having obtained this
paper from Mrs. Cunningham, DIR. Burdell proceeded
to carry out the arrangement he had for some time
contemplated, for letting the house to Mrs. Sansbury
after the lst of May paper to that effect was all
ready for signature but the morning it was to be
signed, the 3lst of January, DR.. Burdel is found
murdered.
Such is the view of the case taken by the Surro
gate, it appeared before him. The subsequent
affair of the simulated childbirth will go strongly to
strengthen the public in the correctness of the
Surrogate's decision, and will perhaps operate tC
prevent any appeal from it. 1t may well be believed
that woman who does not hesitate at simulated
childbirth, night easily undertake the much more
simple operation of simulated marriage.-N Y
Tribune.