The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-09

was perhaps the middle Of the maoAh itle assr
in some action plated bringing against DR. Bur
dell think Mr. rhayer brought tn written stale
ment Of The material facts 10 the case.
Corontr-w What were they, sn2
Wne.s-Perhsps can better tell Il In my manner
that statement think was IN his own handwriting; roa
| to mt by him. drew The necessary papers, AN
clear na drew the complaint in the breach OF promise
cass but / examined II ~ counsel and knew It's
oonh mis-; am rot sure didn't draw n; did draw
the afldav upon which the app caUop was made at
IA. sMe was The orSinsry compl.ial Tor brssoh Of
Ecnse of n arIase; cannot give You the contents o.
DC stds,i can only ave you me substance Of them
.sepce: kpow from The newspapers that they taken
'rcm the sne,id's otlce
Judge Capron-Wras want 70 get Al b the time AT
which application sss made for revving those sui.s
ssair at Dr. Buroeil
! witnsr-There may DO something material IN those
| Efficsyis: think there L.
CoYoDe,-I wish Won IN state them.
| whpe1- In that snioavit Mrs Cunningham stated 81
rear 81 rocolec thai marriage exist
between her and Or Bordei some time n 1885 IN the
summer fail; think hat IN ~ a,out the 18TH Of
Burdei be stated 10 he that be bad Aome property
or real estate In New Jersey; TO 'ne best OF my
to go down ard il wi h hin; she went down. they
we're epesstd IN looking nj the prem SEES As recolec
YORK. and think she carried the idea In her affidavit
that by desire on btu part; they went TO hotel
stopped Tor the night while there he Der
had forcibe connection with her. that at first
she rq.ied and then subsequently submitted per
suuop; this affidavit afterwards brought back, with
the last part taken out altogether, TO leave II
necon by force alone she after ards discovered he self
pregnant; che told the Doctor he disbeieved
tended to disbeeve her, and persisted upon exsmn
her 81 pb yscsn he did 80, ard upon examining her,
produced abortion.
Q. wbs, did A.. don't know; an merely
stating the afBdavx 10 which abe swore, h
order TO get tho Doctor arr sHd for breach
Of prouse 10 marry; she further stated that sbe
spo tha, he had repeatedly refused do So do no,
tank ,he chsrse OF seduction was In the complaint
new 1t was no. when drey IL; knew tia, q eomso
OF full sRe could not Iorte. ducion; ORDER Of
rett was N auted; think was Alter. bat not
the troube had occur red sevee them in r,lston to
csnBot state the time; think was while the Doctor
under arrest under the brat tina. the nat
ter of the note csme up; after the complaint at DR.
Burdelps heuse about note Was called upon TO
ciaw y complaint ag.inst the Doctor for sAndering
by charging her with stealing The note; her afhdsv'
and that Of Mr. sptosr WHO WAS said 70 live al Sack
etis Hator were taken; DR. Burde was arrested, and
think AZ other order Of ret was Issued upon Ihem;
abort I, at time understood the suits to he d
charged or d,s0ontiuue drew think, the form Of
discharge which, think, ! Understood from the
newspaper WAS found among Dr. Burdei's papers; bus
Understood the sui's wee TO be discharged or disoop
upr6d
ooroner-h this the paper that was drawn being die
charge iftm all sutsr
wiins,s-Aue was merely discharge Of an ordinary
form, or o Gncoptinunbce.
Jutge Caprop-Now want 70 know the time at which
he sttemp, was subsequently, made by Mrs Cunnir CHAM
TO revive these suits.
wilpess-N Mr. Tnsyer can tell you about tbs. much
better than snow this much, that day In Octo
Der 1bsyer spoke 10 me about at my office and un
derstood rom him, II compe;en. 10 tell what 10 said
that ire lad! rs Cur ming ham had been TO hts office 10
renew The su IS Amt Dr. BurdeI becsuee the Doctor had
reiuted 20 perform hi' protse; think this about
month after the suits discontinued In proper 70
ttate that understood ibs when the suits disoon
iiDued that was upon promise, though very un ser
tain and III defined one that he would marry her 1t son
Q. In all this you bal no interview with the Doctor 10
tntw he had pIonhed 10 marry Mrs c. nnlnghamS A.
No. sir
Tie Coroner then aked Mr. rhsyer was in the house
The oeer answered that he up stairs the Coroner
sent for him.
Mr.. ThAYER's EVIDENCE.
B. c. Thsyer, one Of the counsel for Mrs Cunningham
then ca led forward witness and duly
Mr. Thsyer, previous 70 being examined, add that a.
though he was engaged counsel for Mr. Cunningham
st he had ebiscicn whatever to answering any ques
tops thai might be put to hm He wished, however TO
asy woros TO his associate COUNSEL Kr. Clinton.
The hoerder objected 20 any private conversation be
ing held With the witness alter be WAS sworn.
CofoBer C5nreryI must state here that any wrese
rer,'s TO answer pertinent question the law will pro
teci ne n oor hitting him 10 prison.
sr TrsyeT sAd he was willing 10 testify 10 anything
tpsa he was aware OF, Notwithstanding he restonship
,1hiirg btiwttp him aud hts client.
q 10 ycG know kro. Cunning hamf A. know the
lsdy YOU .pssk OF By thai name.
Q 10 you know the date OF the disconnuancc OF the
ipcsen dizzy Mr. Chatseld The previous witness upon
the s'sndy What time vas ben this lady 10 you,
eb'r to recommerce he'e suits you bad commenced
10 revive ih,nf In the orst place the suis that
con- enc<d were discont.nucd.
Q Bow lorg after they were discontinued did she
AbOn, how lorE' A. can't tell the particular date
but imprssp s thai she said che would have 10 re
vive ITEM
c. We. nthree or four weefs a,erf A. About that time
M judge Csprcn-wen, thai will answer purpose.
Rsoordsr-one Of teese quits was FOR oresch Of pro
nhe A. Yes, and the oiser vas Tor SANDER Mrs.. Gun
mir sham aever RECOMMENDED ihcse suits.
Judge Capron-Ttai IL ro'bDg; she said she would 70
Aiths junciure Mr.. Uinton came up AID commenced
taking with The Recorder 10 low tone Of voice. whsn
several vokes cried out "No Interference" "No In
Captain rIts-o Order, GENT, men order viii have 10
clear the room.
Coroner Mos. decidedly.
bvIDEscB OF Mr.. PErBLER.
Aouis P,teer OF eel Broadway, being duly sworn, dc
posed 90 iellows-
O. Whist 10 your proeD ioni CoDfec.ioper.
O. DO Jou know Mrs Cunniprhami lido.
Did you furnbh anything for The party had at her
hou,s' A. The nr.i timo furnished Any tang was In
the north Of october, 1855
when you peIi furnish her with confectionery
Q. wpen next A on toe laih January.
O In wto'e psue were the goods purchased A. III
frat TINE ttppict her pat the goods down 70 NJ
ounpineham; IsAs s'wa!s under The IMMERSION thu
l Dr. surdel WAS Mr.. CuuOn CHAM Until The day Of the
Q. who did you Oh, rso NE goods on that day 70, A.
| To Mr., oussiDsbsm.
l 70 Who should cssr,s the confectionery 70.
O. Who paid zoe for oil thsf A. Dr. Buriell paid me
Il on the orst occasion
o. wbs, KIND Of . looking man Was IT. Burdeni A. 1t
i The ReDtlen who came To the DOOR when 4
came to make Arrangements for the party,
who we're the other bills paid by A. The nrst
vss the only one sos PAD for.
O. na you send In your bilf A. did on The loth Of
l January.
o. what eid she sayf A. sent my bnl with one o.
ny men, when she sent word back that she wanted IN
ses me bersef when came here she said she he'd
money but offered 70 give refused II nrst
take The poe saying that aid NOT do business Ia that
vsy abe then raid that she expec ed money from
NJ EohS .nl hat
or feen days after the Let inst she would have plenty
OF monty; then took her note and gave her reocp,
| for IT,
RsocrserI DO not zee how this witness .es,lmosy IL
| IN any way important
oorossr-I thinx NOE We viii adjourn the inquest Dor
| the esy.
| Jurr-Cn.u wbenf
oosoner-Untn 10 cocs TO morrow morning, ctr.
TIE INCIDENTS OF THE DAY
The yr,it o, NE CoroS yesterday was the shor,cs,