New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-01

| much importance. They had proved that at tina
time Dr.. Burdell ia that room taking up the bu
reau with Mr.. Smith. A to tho testimony OF Miss
Salenbacb, the albi proved by Mr.. Douglas for Mr..
Eoke would refute it sufficiently. The contestants
! lad begun with proving DIR. BurdeD in Herkimer at
the time of the marriage, and ended with proving him
IN Brooklyn. IL was like the very fat gentleman who
sent his Paddy 10 two seats for him in coach;
inside if he could but outside il he could not get the
two inside. There but Dsde seat, and Paddy
took that and one outside for his doubleszed master
The Brooklyn abb incomprehensible. TWAS not
strange that Phebe should be induced to believe that
the Doctor was there she was only child but Mrs.
Williams knew. Why had she not brought the the
she not spoken of this when examined
| before the Coroner7 But here DIR. Ware had sworn
that he bad DR.. Burdel goineout that night ana
he fixed the date by letter which he received Una,
day. The conduct and declarations Ofthe claimant and
deceden. were not only consistent with marriage nut
could not be explained on any other hypothesis Mas
he 40 degraded to attempt to palm of his kept mis-,
tress upon DIR. Frazer the Directors Of the Artisans
Bank and his relatives He first commenced visiting
her in Twentysixth street. and was amply devoted To
her At his instance she took the mprudent step Of
going to board in Bond street. II was part OF their
ner; it was customary for him to do 80.
| He spoke in this way Of her. too, rarely. ex.
| cept to women who would like the gossip. Could
they blame bis client if she would rather break the
engagement than to allow the paramour of her be.
trothed to into the house where her Innocent
| daughters were7 This was the only occasion Of diff.
Guilty between the DR.. ard the claimant; all the wit.
nesses proved that her course that of a woman
engaged TO him and the course of a wife. Here was
| a Rotten Row Of witnesses Of chronic looseness of
morals and osshcaton OF conscience. The counter
feer Cyrenus Stevens came into Court with lie In
| his mouth. He conceded that he was under the
surveillance Of the police. Mrs Stevens was en-.
titled to credit the mistress of the keeper Of
an designation house. Mrs. Cunningham was suspected
of being improperly intimate with Ars. Stevens Was
il not strange that DR.. Burdel should make a conf
dopt nf aa "A n
man who for forty years had gained honest liveli
| hood Next came Allen T. Smith, who felt no indg
nation when DR.. Burdel said he was a thief. His
| hang-dog manner, his hesitancy his first declaring
| that he did not know what DIR. Burde1 meant when
he charged him with violating his bed and afterward
| saying that he meant that he (Smith had used the
| Doctors bed to procure abortion woman not
connected with the house-al these told his character
| Then came DENIS Hubbard He wondered that the
contestants bad introduced the letters between her and
| the Doctor. They showed the relation between
them. The improbabiltes of the testimony OF Mrs.
| Wilson and Mrs Williams were too patent to require
pointing out. Then came the long catalogue OF wit.
| nesses who Of dubious memory. The note, as
| appeared by Mr. Pierrepont, was void in itself.
Upon all this proof had the contestants proved any
thing except that this was secret marriage? What,
then brought affairs between them to crisis DIR.
Burde thought TO marry her until he brought DENIS
| Hubbard there, and then she brought these suits
against him. Knowing that his business would suffer
By these SUITS he concluded on the earnest solicitation
OF bis friends and after trying all means to induce her
| to settle them, to marry her.
! Mr.. Clinton concluded his eight hours speech by
declaring that a ceremonial marriage was sufficient,
even if It had not been contaminated. There was no
| testimony that there was any. improper inter.
course between her and Mr. Ecke Then, there
were positive admisso from Dr. Burdsll Of the mar.
rage and declarations that he going to Europe.
The whole testimony established the marriage. per-
ecy. If there was ever case where the entire ties.
timony both sides established fact this was that
case. This he hoped, would add new force to the
| truth that
| Truth crushed to earth will rise again:
| The eternal years of God are hers;
Blu. SANDER wounded writhes in pain,
| And dies amid her worshper'"
| Mr.. Dean proposed to put in an affidavit which he
| had just found to have been omitted.
Mr. Tilden said that he not responsible for that
Mr.. Dean asked if they were to be trcked out Of
their evidence. An envelope containing number OF
papers had been put in. This originally one of
the papers but appeared that out OF the eleven pa
pers which it originally contained, only four had been
| put in.
Mr.. Tilden demanded to know by what authority the
counsel used the word "tricked," and excited
| PLANTATION followed.
ARGUMENT MP. TiLDEs.
Mr. Tilden at 6 O'Clock proceeded ~ sum up 'n"
o,sa on behalf of the contestants 1t had, he said,
been several times complained by the counsel on the
other eide during the progress OF the trial that he did
not in his opening sufficiently describe the grounds OF
their defense. He did rot deem it necessary in trying
| the case before the Surogae-as before a Jury
unaccustomed TO legal Investigations to go
| into a detailed statement of facts, which in
| case like this, where one hundred witnesses
had been sworn and the written testimony counted by
thousands of pages, would have been difficult UNI
derakipg and one, in his judgment, entirely unneces,
sary. He deemed it proper to indicate, in general
manner, the process by which they would develope
the truth in this That process was to compel
the other side to expound their statement with
the greatest possible detail and with the greatest
possible pre- csOn, in order to exercise to the ut
most the invention of those witnesses who at
TEMPTED to fabricate their testimony upon the
stand in order to present many points OF contact
and conflict possible, when they came to the other
branch Of the process which was to collect from DIS
interested witnesses true history OF the TRANSACTION
and place il side by side with this fabricated story
He considered that this had been done to his entire
satisfaction; he had collected that testimony from
creditabe sources and placed 1t before the Court
through the technical forms of Judicial proof; ana
| all that row remained to be performed OF
the duty he had undertaken was to take this mass OF
evidence collae it, that what OF truth there was
in it should fall, each broken fragment In the natural
place where it fitted aud that the falsehOOd should be
eimin ated and exposed Ere doing this, however ne
would pause to consider for moment the relative po-
sition OF those parties contrasting before the Court
Those whom he represented claimed Their rgh's oy
the sacred ties Of nature. 1t was true the law,
through motives, of policy the wisdom OF which
he did not question, gave priority 10 inc
relation of husband and wife, created by the act Of
the decedent but this implied that the burden OF proof
fell upon those who up the allegation that the de-
cedent had performed that act. If, then, under or
binary circumstances, the party would be called upon
to establish the fact which was alleged to supersede
III cir natural rights by clear and satisfactory evidence
that rule applied with vastly more force and strin-
gency when the alleged marriage was shrouded in Sc,
crecy, which the law condemned as contrary to social
policy, and incompatible with the safety OF
Individual rights and as All iTu tha sUHs Ss ..
required when that mystery passed by rapid Transition
into murderl He did not speak of the circumstance
As pointing suspicion in particular direction. 1.-THE