Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1857-09-05
The Cunningham Case.

note of the Surrogate on the question
whether Mrs. Cunningham is the widow
Durdcll or not.
The Surrogate yesterday decided that
Emma Augusta Cunningham is not the
widow of Harvey Burdcll, and directed the
issue of letters of administration tn Dr.
Burdell's next of kin. The Surrogate
says he has not been left in doubt as to the
justice of the decision. The following are,
in brief, the reasons for the decisions: !
l. The marriage was clandestiue-and
there is no presumption in favor of 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.
4. The only witness chosen to be present
was one of the daughters of the claimant,
s. The witness is contradictcd by her
own statements made under oath at differ
cnt times, and by other evidence.
6. The certificate of the marriage affords
no evidence of identified ion.
7. The certificate is incorrect as to the
name of the decedent, and evinces ignor-
ance or error as to the place of his nativity.
3. There were suspicious circumstances
attending the transaction.
8. The marriage was not confded by
the cl4imaDt to any member of her family
save one.
10 There was no private or public act
or acknowledgment, no cohabitation, but
the alleged parties lived as single persons,
IL. On the part of the claimant there
were confidential relations with another
person in respect to whom the docedent
charged improper intimacy.
u. The terms Of the settlement Of the
suits alleged to have led to the marriage
arc in writing, and exclude the assertion of
other terms.
13. The marriage took place after the
settlement had tccn concludedand carried
! out.
IA. The claimant executed written in
struments to the dccedcnt in her own name,
after the marriage. She assigned judg-
ment, he drew check to the order. She
endorsed it, and he sworc to the affidavit,
on which she was described by her own
name,
Is. At the settlement she stipulated for
q new lease Of the house.
10. Shortly before the deccdent's death
she released all causes Of action, and aban-
| donUd her agreement for q lease.
II. He spoke Of her with contumely and
reproacb, and made repcsted declarations
against marriage.
Is. He was determined to campel her
to leave the premises, and new lease to
another party was about to be executed.
10. Tho marriage was first announced
after his DEATH
Mrs. Cunningham bore with fortitude
the announcement that the Surrogate had
decided against her claims to be the widow
of Harvey Burdell, and so entitled to a
third of DR.. Burdell's estate. She says she
was prepared to suffer any injusticc--cx-
pccted it, indeed. She says she will con
test the matter to the last.
MRS. CUNNINGHAM'S PROSPECTS AS A
CULPRIT.
A misapprehcnsion prevails respecting
Mrs, Cunningham S present position as q
criminal. 1t is supposed by many that
now the decision of the Surrogate has Dc
stroyed her claim to a portion of DR.. Bur
dell's property, she must be at once rclc ascd
from prison, as she has committed no legal
offence in the procurement of the bogus
baby. Such, however, is not the case
The judgment of the Surrogate's Court
does not affect the movements of the Court
Of Sessions. The District Attorney will
carry the charge of felony before the Grand
Jury, and if indicted by that body she will
undergo trial before a Petit jury
Should she be acquitted on that charge,
she will be liable, together with her daugh-
ter Augusta, to an indictment for perjury.
She made an affidavit that she was married
to DR.. Burdell, and Augusta sworc that
she was present at the ceremony.