Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-08-26
The Cunningham Case,

We stated, Yesterday, that Surrogate Bradford
of New York, had decided that Emma Augusta
Cunningham is not the widow of Harvey BurdeII
and directed the Issue of letters of administration
to DR.. Burdelrs next of kin. The Surrogate say.
he las not been left in doubt as to the Justice O
the decision The following are, in brief, the
reasons for the decision
1. The marriage was clandestine; and there is
no presumption in favor of a secret marriage
neither preceded nor followed by cohabitation
2 The clergyman selected was unknown to the
parties.
3 The place appointed was distant from the
decedent's residence.
l. The only witness chosen to be present was
one OF the daughters Of the claimant
D The W. less Is contradicted by her OWE state
other evidence
b. The certificate Of the marriage affords no evil
dence of Identification.
4 The certificate is incorrect as to the name of
the decedent. and evinceS Ignorance error as to
the place of his nativity
D Theie were suspicious circumstances attend
ing the Transaction.
9. The marriage was not confded by the claim
ant TO any member of her family, save one
10. There was no private or public act or ac-
knowiedgment, 10 cOhabitation, but the alleged
parties lived Is single persons.
II. On the part Of the claimant there were con.
hdentlei relations with another person in respect
towhoIn the decedent charged improper intimacy
IL He te.Ins Of the settlement OF the suits a.
and exclude the assertion OF other terms
10 The marriage took place after the settlement
had been concluded and carried out.
u The claimant executed written Instruments
10 the d-cedent in her name, after tine mar
rage. Sue assigned Judgment he drew a cbrck
20 the order She endorsed it, and he swore 20
me afhdayit, in all OF which she was described
by her own maze.
Is AT the settlement she stipulated for a new
lease OF thr house.
&c. shortly before the decedent's death she re-.
I'D f-1n ~ acfi nj IL.
agreement for lease
l.. He spoke Of her with contumely and 70.
P-oacL, and made repeated declarations against
marriage.
y. He was determined to compel her 10 leave
the premises, and new lease TO another party was
about 10 be executed.
10. The marriage was first announced after his
death.
Ms. Cunning ham bore with greet foTtllude the
announcement that the Surrogate had decided
against her claims TO be the widow of Harvey
BuTdeIl. aud 20 entitled to third Of D. BurdeH's
estate. She Says she was prepared TO suffe. any
inlustiee-tSpccted it, indeed She says she will
contest the matter TO the last.
Upon the bogus baby she declines TO converse
but says she will insist upon a thorough investi.
Raton, which viii establish her innocence Her
hC1i'h Is Ia dlY improving, AID she il treated
VIII ihe greatest Kindness and cons liberation by
nose ~ charge Of her. One or the Other of her
nAug lte ~ constantly with her They are liy-
Ing al house In Twenty-thiTd street
ine Jud2heht OF the surroe atr's court does not
anect tne criminal charges against Mrs Cunning
ham The District Attorney will carrv the cbar,,e
az frlony before the Grand Jury, aud IL indicted
by that body she will undergo trial. SbonId
she be acquitted on the charge she will he Ii.IIe
together with her daughter Augusta, to an indict,
ment for perjury.
Tie estate Of d.. Bu.dell has been in cb.rge of
the Public Administrator, since the I.tiga.io5 ~.
tween Mrs. Cunningham and tlie heirs corr
menced. Under the present deci,ion the STATE
will continue in the Public Administrators Gus
tody until letters of administration are granted
Mrs. Cunningham has transferred 20 her pres
ent counsel, Nj. stafford, ali her property, in-
ending very considerable piece Of real estate in
Bergen county, New Jersey The deed has been
executed since her Imprisonment upon the crimi-
nal charge or Producing the ''bo2us Burdell
baby ~ This fact be true, she will be prevented
r ON appealing from the Saifogaie,s decision by
want OF funds, as no lawyer can lie nationally ex-
Pec'ed to woik foE her without any compensa-
ton