New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-04

Ire .sinopy ina: viii Be eiven By Dr. Spicer ssy
| you may have read j. unoficialy. because Il as
been Published In he newspapers. DR. Spcer received
letter from DR.. BuTde stating he fsct OF manage
| under circumstances which be vii detail upon the
si,ress stand. Some have supposed tia: DR.. Sp,cer
vac anxious 20 Be ~itusse in this c.se i. does
strihe that possessing the knowledge tsst ne
possesses, who upon bearing Of the des,h of party
| under s1ch circumstances and being sEAre thst De
had proof OF q fact which was said not 10 De proved,
| bet publicly disproyed, II be did not come forward
and make il known that he bad that fsci m his pos
session ,boud ssy sn unsafe man TO 60 a. large
IN this community. Il MISTER OF conscience With
DR.. Spcer when be beard OF The death OF Dr. Bdroen
70 come 10 this city and make known me fsc,s when
restsd in HE noElecge- l invite my leaned oppo-
nents when he shall upon the stand, :, exercise
their utmost sk their greatest ingenuity II cross-
examining him, | am told, though have no previous
acquaintance with this gentleman thst be is man OF
mot excellent character respected by those who know
| him, against whom not bresth of SANDER viii De
breathed unless il may from the relations Of Dr.
b. who may be stimulated to that course from the Sct
that be IL important x1-rees II ihecaae nov pencns
before your Honor As said the other side will have
| opportunity 70 crtcise hm-to SIT hn-sad. If he he
moi reliable witness TO prove II 10 your Honor. We
throw down TIE gauntlet and | think II any attempt
ade 10 imDesch him, We snsh be prepared TO SUE
tain him by overwhelming testimony about ~heh there
car BE- oispu;e oonbt In addition 10 this, there
.se Other p6rtles TO whom DR.. Bufden has admitted
the isc OF bis marriA-e. We are constantly getting
additions information up this subject After sl tnis
TESTIMONY shall have been spread the record here
| j think that the marriage Of DR. Burdell and Emma
Augusta Cunningham, Oh the 18th OF October last VIII
b. proved clearly and o. strongly ~ any marriage
Bep secret by the parties could in the nature OF things
ever be proved. And here will take the liberty OF
stating how il was that these parties came 70 De mar
| RED by the Rev. Mr.. Marvin Mrs Cunningham, while
d. Suodgrsss resided and presched in tois city, ~ss
member Of his church She and her husband, who was
q constant attendant, although, believe, not COM
| municant, together with their family constantly a.
tsud.d the church of DR. Snodgrsss II quite Haure
therefore, that after be removed from this city TO
Goshen that she should prefer thst her old PASTOR
should oicate st the marriage ceremony she, there
| fore went to Goshen for the purpose OF engaging DR..
| Snoderass 10 perform the marriage ceremony Ii 30
happened that Dr. Snodgrass not AZ no ne IT was
moi 10 his power to do it. She them upon the recon-
mends'ion of Mrs. Snodgrass, applied to Mr.. Mar.
| vim between whom sud Dr.. Snodgrass friendly and
| somewhat ultimate relations subssted-they had been.
| believe, in the habit OF exchanging puplts. Upon
the recommendation of Mrs. Snodgrass che caused DR.
| Bur6el TO spply 10 Mr. Marvin, and It Will strike
your Honor that il would be the unnatural, most
bsrbsrous most monSrous doctrine TO entertain for
moment that if this lady intended to fabricate mar
rage she would apply to her old pastor 10 perform the
marriage ceremony. ] am aware, Sir, that many ru-
mors which shall not stop 10 notice. have been set
| ahoa in this community with view TO show that this
lady never was DSnled to Dr. Burdel, and AN aware
Of the msoner in which public opinion has to cousid
| cradle extent been formed from the very pecu-
| liar one.sided. eI parte prosecution, set on
| foot against this woman by Coroner Connery.
No one who was present al that inves
| from the manner IN which it was conducted. know
that before your Honor those proceedings will have no
influence Whatsoever; and before the community when
| they eball come 10 understand how il that the
rights of this lady treated by that official the
community will have confidence in the proceedings
which took place and they will be quite ready to do
Justice TO this lady and change impressions thus hastily
formed, they were to form adverse impressions. II
sought 10 be shown and perhaps will be here that
because this marriage was kept secret and because
Mrs Burdel acted TO the world though she not
Ak.stI at a1tr
married shall submit to your Honor that so far from
proving that matter hat acts they may show based
upon the idea that she not married 1t will
rather 20 to show that she kept faith with DIR.
marriage a secret. There il one piece Of testimony
which has been very much misrepresened, uninten-
tonally, no doubt which given there, and which
may be sought TO be given here to which will allude,
that lie the testimony of one Of my associates Ii
has been stated that il testified to by him that
month after this marriage took place. this sdy applied
10 him TO recommence certain suit which had been dis
continued that was brought account OF the Doctor
having failed TO perform his promise Of marriage with
this lady. The facts N regard 10 this, my associate
estified, are simply these. suit for biesch OF
promise of marriage was commenced II was dlscon-
tnutd ! think In the esTly part OF October. Tb
parties themselves settled thar suit II settled,
understand upon the express condition that with
IN d certain number OF days tue marriage should take
place and believe it old take place within that time
Subsequently Mrs. Eurdel applied to Mr. Thsyer for
ADVICE and In the couIee OF the interview but the by
n 10
she make an assignment of judgment any assign
ent using her former instead Of her merried name "
That the object OF Mrs. Cunnipghans visit to Mr..
Thayer and he stated TO her that the proper way
undoubtedly ~ the married name, and yet if there
no doubt a. TO the identity of the party, the as
segment would undoubtedly be- valid in law, although
the former name used. She at that time held a
judgment against William BurdeD, which Harvey Bur
dell had caused to be assigned to her, because he
wished il prosecuted, and he did not wish to do 1t
openly against his brother. Upon Mr.. Thaysrs Civ.
ing this advice she Immediately then transferred this
judgment which she held against VIM Burdell to DR..
Harvey Buroell: using the name of Emma Augusta
Cur ninghsm Mr. Tbayer is uncertain whether it was
when the suits were discontinued, when she came
about this Assignment that he asked her what had be-
Of the breach OF promise She had expressly
agreed with DIR. Burdel not on to keep the marriage
a secret from the world but from Mr.. 1hayer in par-
ticular OF course the question put to her. she
could say nothing less than avert his suspicion from
the fact that che married in the way abe
would that OF any other person. This is the explsns-
toD. II my opponents zee ut TO call Mr.. Thsyer to
stste that, or tor any purpose whatever, l have no
doubt they will be at perfect liberty SO to do. sha
not occupy further time In opening this case to your
Honor have enceavored to confne myself strictly
to the record. There is perhaps, one mo-
ton that l ought to make before going on
with the testimony and that is this: / thst
among the objections filed by my opponents, ID one that
this LADY has another husband living shall deem il o..
my duty TO move that that be made more specific. Ii
the objection lie to go upon the record, think they
should be required TO name the party to whom they
alude IL is perhaps true that the merits of the
viii out the fret objection which 10 the fact
that Dr. Burdell and th, lady were ever married. 1
shall therefore AK them to be specific in eg.d
the second objection. There only sugges-
ton which deem II my duty to make. This is un-
doubtedly the trst time that presented
10 your Honor where the party was charged with
the grave and serious ofense with which it is
known 10 the whole community that this
party now stands charged. Here is not the