The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-03-04

Mrs.. Cunning bS - Application for Letters of
Adn,annssusssOs-1hs a~cssaon OF her Mar
rSssc % be Decided . Court OF Law rcs-
timosy OF the hev D1r, nlsrvuae.

sUkkOGATEs COURT.
Before A. W. Bradford, Esq.
Ths surrogase's oHics, which h small for the
oommoda,on Of IL ordinary business literally packed
yesterday by esger crowd ~ that which vas accus
toned 10 assemble In No. 81 Bond street during
the Coroae''s Investigation. The question OF Mrs
Cunpipsh marriage TO Dr. Burdol was the
subject Of investigation before the Surrogate Tho
application Of Mrs. Cunningham for letters OF I'D.
ministraton upon the estate Of DP. Burceli depends
entirely upon question OF her marriage with him. Al
least such marriage must be positively proven before
her application be granted. rhe case was cot down
fer 10 O'Clock yesterday morning. bu, the counsel having
understood for IL o'clooh did not appear before that
hour The sevcrs PARTIES Interested represented
BY the following counsel -Messrs Clinton. Thayer and
Stafford appeared for Mrs Cuupipgham Messrs. Paser
son and rilden for VIM Burdeli; M Edwards for tho
the cbl6ren Of John Burdel; Mr.. Gardiner for Lewis
Burdeil, and M Tilden for Mrs. Bunn.
Mr. rdep ssksd that the case might bs postponed Tor
short time. hs daily expeoting very important
tsstmosy from the oountry and did not foe, able pre-
pared 10 examine or the principal witnesses
before received that information He very apxi-
that these ~oees should not bs exsmined until he
reoev the important testimony which he s eEpeolng
nr Oi,u,op saad shsl from prosessionai courssy he
would cali the wisn referred to By Mr. FL yards
Z .slo ssn,lsp.D would name them Mr. Ed.ards said
would NOS call her TIL bis brother counsel desired.
oPEEISa ADDRESS OF MR. CLINTON.
Mr. Clinton 10 open,n. tue care on behalf OF Mrs Gun
ming ebam spoke 10 the following OBJECT IL v source OF
greA, 10 me anc my client that wo bave al last
srrived In court wbe,e we shall be p.otecoed In our
viii couone yseh this question, to w.t. ~hotner my
olcnt Ut tho tmo or the death Of Harvey Busded vas
Of Octooer 1850 vii, be- ssmosctrstec to y"ur en,ire
stsscton and the enre sae sfscson Of my lea mod OPP
popeoss and the community thpk this vii oe proven
cleAsly that all w' givs he idea tnat not
lawfully married to De Burdel It's true tha, that
riage KEEP, secret from tho world tl sufficient
tine ard % fay % any gssr,onv hes been sno va nv
ctent old keep secret D.. Bardsll not so par
tcular to keep secret on more thar occasion he
old admit Il to particular frisnd. First, viii call
upon tho o'ergvmaD vho performed the marriage cere
mcny, and think bis testimony will forever settle the
QUESTION J know that IN former occasion nc sss
under peoul ctrcrmstances. rhe report spread
broad that EoAei the wbo had beou married to
stSnd that Eckel bo,e strog remarks
bic resemblance to Dr. Burdell. When called
the corpse OF tho Doctor ay Coroner oply being pre-
sent; with the OF ,his hls mind and
could recognize tho nc hsc married The CORPSE
dresscd Ia IecuhAr nanner on that ocosson very
different nom the sty OF the Doctor; had on very
high Nandup collar, while the Doctor al ~s7s were Q
down DOLLAR; his faos IL ewtse bruised and no
wonder be not abl positively that that
the man he had married the zStn o ocober-his mind
all the beng pro supted with the Idea that Ecke
the married Like careful Christian man. ho
sired 70 see Eose before ne swore 70 tho Identity Of the
corpse Which he said had strong points Of
to tbe man be bao married to Yrs Cunnrsham. Mrs..
surden (cunpinsbao) was hes broogn, into the
room 70 SEQ she wS Tho lady he had married
on .he asth Of October. Al drt, Mr.. M0vne
issd entirely 70 recognize her. out Afterwards seeas
Ger sId her dsoshssr differently drssed, immediately
rrcosnzsd he toe ore As the witness the ohsr ., the
edy be had marrcd at TIE time aforementioned. Sab
seqventy ho vss Introduced 10 Eckci and said he o,d
not beer the snsl ts, resemblspoe the man he had
married On The ss'h q October lie wstrhed ana Goa
=: %.ss s % 20.
the psn h~ had married W Mrs. Ounnwghsm.
Mr. CLINTON ,h'n went on 70 show what testimony he
Intended Introduce dwelling ~ length upon thai OF Dr.
spicer r-vewiuE and deendiDG bis In regard
'hh case. and main'sInins his crcdibhty ~ .
witness and upright man. ibsinusuue that n the op
posing counsel 'ried TO impcsch oim. tbcy would
mo . dDcult under ahiDg. AZ rsars tho teSimouy
OF nss Angus Cupn' 'pgbsm be remsrksi tnss msny
things had been against her but when the
her tho and beard hor testimony
would be believed oil be truthful and hocsss
witness called upon 10 testify. He invited
the counsel of the oppo don TO subject bis nesses,
psrthuJ Miss Augusta Cunningham or 0r. spsoer, 70
the mot seaychtre and examinaton do
clariDs That ,hey -oelo be found o tell nothing but
"a sighuorwsrd and bcnesi story.
NJ. Evsrs sugres'sd that no witness should be h
lowed In the -hile another the stand This
vss ssreed upcn by sil the cnuussl
M Chptoc then called the Rev nr harvtne.
SvIpsHoE OF The REV. MR.. MARvNE.
| Raw U,,sn rsryiro rm then called ana deposed a
follows rtp'de s 7a2 Grt enwioh ssree Sev Yorh
am s yeas ODD; Am olorsy man. have boon In this city
tor the ss two years the pastor OF tne Reformed
Dutch church, corner d Blecckcr and Amos stree a.
n.,red i've person. on tho evcnlos q !ns
register OF marriages, whlcn showed that the
IRONS said 10 have besp united were Harvey
oUs name ssrs ere ,Ss % ssures nsanns age and opposs
Der the hsurcs 60" saphyios her ago, In pen
cil writing bolov we're the Words "Wncss, hArssres
tugus,a Cnprnsbsm 81 Bond street, daughter OF shs
Er. Clinton onorrd that record in ev,den,e.
wrntss efn,noed-ro the bes, Of my recollection
ss~ the septemsn whom married only threc times;
urr saw bin the csy of his uarrsso In the morning ~
| my bouso; osn't tell the prscr6 hour.
IN A
me TO give bv IDENTICAL ~ords; car give 700 the sub
M EovScs-wbsl did ts cay give US tho worss he
us,dt A lie wanud me 70 ht IN hour when oouid
nsrry him; The bour 6,ed fcr eight O'Clock ihs,
| thst up I o5sassd from him sn tho Information
snec IN ite utstsr. end the names of both psrscs
ny the Suyrossr-I made mecorsndum on seps-
rate piece Of paper IN oop,od into The cook hsve
rot that orsnoun in my possess on pov; DESTROY
,ooee pieces Of psrer ser ecy are cope n,o The book
bet VIII not be posluvs about mat; my habit 70 copy
ibe m ny boos bc'ore The there mises
bsyo been Something said o. at inerv,sw 10 refsrosoe
obs trrspe . -focss; generally sps.k of that 70
ibe parties % pos rmember pcsi,Ivcy that Ssei the
procurn The attendance coy person for
pe.e OF denunsio 90; have no reason 70 supposc
osvs'oc ncm csus habit on hal occasion; did NOT
"s te ,srves ey be onsed 70 any church or eoosre
gslcn; they cd Dct awe particular rcou for sppy
rg 70 me- DID net understand what denomnanoo shey
belonged TO- saw The gentleman again In tho cveans
'ew minutes alter ght o. lock he came with the ~omsn
-fo zee nsrr,sd ssc young lady, whom the woman
| rtpFssr'ed 90 bsr ds1sbiey.
D. Hsve you ssen tne tvo ladies' sroo 20 so bo able
20 dsbtfy ihsmf A. | subpGned 10 atfecd NE
Corcrers inquest the ssbbsih after the murder, and YES
here the whole cf The aisruoou. ri vhioh vme sav
krs. Cunnipfham ard the person whom sbc called hor
csrshsr. who know vss Al the marriage; meAa Mar
| ssfet Aue usis Cubp nc ham.
o state vhetber or Dcs you have sfpoe bess able to
recognise the lady rrprcseuted - hrs Cunnin cham, ss
| the one whom you married. A some fev days ago she
cent vord 20 cali upon her st tbe Totnbs ~ept
snd the rst lock n the woman hashed more upon
mind than that she was the voman married; or In
o,her vords. she then rceembled more the woman
rnsrried than she did when saw her tnas sabbath
Bcnd street
O. Were ycu sstshsd that po'nt 10 whsshsr she
The 200 marriedS A. Ian pcsfcstly saus6ef
hat che 10 he woman v nom married the 2sth Of
uciober
o. Sa,c What uarsrred pour house os the evening"
cf ibe nsgriasei A. Ny nrst rrmark MY commx