The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-02

he had to pay Der to go out; she should 90 out,
II he had 70 pay the expenses for putting her out Your
Honor has noticed the expressions OF bitter hostility to her
that he used letter written from Saratoga three days
after the alleged marriage He commenced as carly as
December to get SEINE one TO his house. agree
ment to let the day before bis death,
and would have been signed the following day had not
been stopped by violent death during the night turn
now 10 the d. csratons of Mrs. Cunningham In Deceu
tells Mr. Wilson that the Doctor would learn to be-
she says to DR.. Roberts, ed, you think would marry
man who loathes mss She told Mary Donohue that
the Doctor was desperate character and danger.
pay him, for he such q cheat that |, vas ueces.
safy she should have witness To IT, On the Sd
Of December she tells her servant girl that he may
live to let the house now refer you to the mos.
important testimony In the whole cause that is the doou
mens showing settlements Of the breach Of marriage
su-thA of itself sufficient 10 OvertuIn any amount OF
evidence in favor OF the marriage. Wnen she entered
her suit against him he took out queer sort of document
before Justice FlandIeau called subpoena, to cause her
appear before him under the charge OF having stolen
note from DR.. BurdeI The counsel the other side
said that the Doctors renquishng this suit Bubp9nea
part OF the consdera ion for her stopping the breach
of marriage suit That Is true, and prominent part too,
The frat thing noticed In her reln1oish'ng her suils
sgansts the Doctor bis agreement not 10 br suit
against her for commencing the suits lie also agreed to
be her friend and that Of her family likewise, TO et her
have the house for the same which she has it,
Six days before the Doctors death there q In the
house, Doctor rushes down stairs from them and cries.
mwbM shall do 70 get these devils out OF my houses"
ing and tells the Doctor that her mother will give him the
paper That day Mr. Frazer told him that the breach Of
Doctor turned away silently and went immediately home,
mined to have this paper executed. This his
strugss 70 g.: executed and here r. exeoIsa on snss
to leave the house 81 Bond street the LIST day or May
and also to settle all suits against Harvey Burde Thus,
three months after they say he married Mrs. Canning
ham, he succeeded In wrngng from her exiting lsh-
men Of her suits against him and her 10 leave
the house, he went right on to let bis house, on Friday he
Is numbered with the dead.
Al quarter before P. NJ Mr.. Iden closed bis argu.
tIIa C.,v $do cd cnp
Ats n the Court re-opened in the chamber OF the
General Term OF the Supreme Court at which time Mr.
Edwards closed the argument behalf Of the contestants
CLOSING ARGUMENT OF The COUNSEL FOR TIKI CONTKrASrs-
Your honor please, will submit the following points
l. So solemn act as marriage account Of It's sacred
and consequences must be made out by certain and
conclusive proof and by unmpeachable Witnesses
2 contract Of marriage in the presence Of priest
gives more binding force 10 IT, and renders 1t no
legal than when performed by laymen.
II the certificate Of marriage made out by Mr. Mar
vim had been found in the possession Of Dr. Burde and
by him he endorsed all his papers, would
beer important testimony but it's possession by Mrs. Cum
nngham and not being endorsed, destroys its character.
4. Mr.. Marvins incomplete private register in way
proves the marriage; in England ii might establish the
time, but not the identity of the personshat must be
proved by positive evidence.
Though the statute is loose about marriage cereuo
mics yet requires proof Of mutual contract and the cee
brahon Of the marriage ceremony.
g. While the rule Of evidence in Surrogates Courts still
keeps out parties Interested from being Witnesses the
timony Of the daughters of Mrs. Cunningham admit
ted; but their testimony should be received with great
caui On and doubt while their mother was laboring under
the charge of having murdered her alleged husband and
while her material interests which are their interests,
were at stake
All marriages pretending to be kept secret carry with
them the presumption o. wrong
s. When the marriage is kept secret and disavowed by
party until death and never openly avowed by the
other party the proof must then be very positive to esab
lsh the marriage
O. Cohabltaou before marriage takes away the legal
force Of marriage by cohabitation.
10 The declarations of Or. Burdel to other parties
should be received with caution and If received 90
10 establish the marriage.
IL. secret marriage should be susceptible Of being
clearly for the Court cannot lend itself to sustain
IL None Of the concoauts of marriage follow the ono
l3 ABIDE from all the duties, rights ana n.s.,o, q.
ached TO married fe the proof Of marriage more i'm
70 establish the former than the latter.
The counsel then went On to review the testimony Offer
ed In the case and to argue upon the above points. He
Burdell WAS ut Mrs wilAms In Brooklyn, at the time OF
the alleged marriage
emarkable that with the concomitants usual about
RIGGS, not Of the coroaries lie to be found here
l. In the place Of matrimonial rehabilitation, We have
prior Illicit intercourse, through the admission Of Mrs.
Cunningham
secre, marriage, whou, sufficient reason or motive.
No holding themselves out to the world sustaining
the honorable posiuon OF husband and wife.
n 4. No recognition among friends.
&c. No, Known IS husband and wife ov servants who
them at all times. Meals In different houses, he
nuing 70 board ., the Metropolitan Hotel and change
rying his business In the house heretofore beds
different floors.
Z. No mutual promises.
No record or letter turned mp among Burdell's pa
persno love epistles Of bis 70 her. showing lead
ing to the idea Of Q marriage.
No change made in the house. with the boarders
servants Ecke and his birds still find place In Mrs
CunnpghAms bedroom.
To- No behavior between the parties as husband and
wife while ali the facts and circumstances which are in
contradiction OF marriage come overwhelmingly In the
train Of our remarks.
A,Tp N NJ Ttward. sn,h.d hi. .,o,,,.n, ard Aha
closed behalf Of the contestants
CLOSING ARGUMENT or The CLAIMANTS COUNSEL, TX JUDGE
In commencing, present you the following facts -
], The claimant, Mrs. Emma Augusta Cunningham, on
the evening OF the 18th Of October 1885, WAS Rev Mr.
2. Misc Augusta Cunningham was witness 10 that
marriage.
Q. The man who was married professod to be Harvey
4. rhai went twice in the daytime to Dr. Mar
s. That man was Harvey Burder or some one who
strongly resembled him.
6. Miss Augusta Cunningham knew whether II was
Harvey Burdcll, and knows
The claimant, the day prior 10 this marriage went 10
Goshen, distance OF 20 miles, 10 get DR.. Snodgrass
person who knew Dr. Burdel 70 olhcale at marriage.
Burdell the mother and daughter guilty Of
crimes-fase per,onifcation and perjury.
q Harvey Burdell, the 18th October, 1856, In
New York, capable OF contracting marriage.
10 He had, prior 10 that time, been attentive TO Ms
Cunningham, and was In position which would render
marriage proper and probable.
IL The claimant and Harvey Burden were at the time
living In the house. and continued 10 the time OF
his oeaih.
We claim that Augusta Cunningham Is the principal
witness in this We admit that the stands or
falls her testimony. IF your Honor dsbelevcs her
mony Is lost; your Honor believes II, then
you grant letters OF administration the claimant
Augusta Cunningham and her mother must be legally i'm
pesched In this the decree must be In favor Of the
latter. The counsel for the other side undertook 10 i'm
peach Augusta by showing self contradiction In her tes
mony hold that she has not conradicted herself any
material fact She called 10 testify 10 the Identity OF
the parties married That she has done though OF
the circumstances connected with II may be misstaed
The Court them at l0H O'Clock p. NJ adjourned till 10
O'Clock this morning. when Judge Dean will conclude his
argument
Theatrical and Musical.
Nnto's GARDxN.-This house continues a. popular as
the estimation OF the lovers OF the ballet panto
mime acting prettv scenery. and fine ventilation. To-