The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-14
THE BURDELL CASE.
The Question Of Mrs. Cunningham q
Marriage to DR.. Bmdell.
Helen and Augusta Cunningham on the Stand
Their TeGs'noDy-T Cstirg Deyelope ments
SEc- Sse., &os
sssrrogas.'s Court.

essrTugass's Court.
Before A W. b se'ord, ESQ.
Mrs. Cupsir ehsms application for letters Of sdmnis
syAspn upon the estate OF Or. sprdsl. involving the
question Of hey marriage to the 6eseAscd b. ought
Up In he surrOea's Court s 10 O'Clock yesterday
hS. rhe mssser rad been kept very private there
was Only ae~ lockers GRO weed Into the cell ike
oorit room. Mines Helen and Augusta Cunningham
the ly witnesses called upon the stand their tez
tmony occupied entire cay Their self possession and
GOODNESS during their cross examination wonderful;
their occasionally both curt n5art With
faces unveiled and coanienauces unmoved, they seemed
prepared to Withstand and boldly respond 10 the mort
trying and rearohing Cross EXAMINATIONS The snG xcrs
Of Helen were oil given in bold, unfalterng voice.
TESTIMONY OF MISS HELEN CUNNINGHAM
Miss Helen Cunningham, being duly sworn, said-I
reside Of 81 Bond street. and daughter Of he claim
ant; am sixteen years Of age; WAS living there last
summer and fall; knew The deceased. @ Look Of the
ring hand you, ard ssy you have iecn bsforei
A Yea SIR 1t wason the morning when DR.. Burdel came
up s,ahs into my mothers room; be handed il to her.
and put on her finger; can't remember the date;
think was before October last my sister Augusta and
my two brothers were present when he did that; he
handed IL to her, and told her she didn't like II she
could get exchanged; he said be had purchased 1t a
Mr. Sevs's store in the B,werl was u home In she
latter part OF October last the 28h Of Oco5eY
IL In the afternoop mother dressing In her rom
and che s.d .ne Was soat on! Win sns aost's me dos
and eishisay near eight; mother came down into the
parlor she and tho doctor both 10 together mother
leaned sgAnst Of the pillars BY the folding doors
she then sad SIZE wtE going out Win the doctor;
msaa my Sner .na vac ss nsa Az been nsna,swn
October: mother went out OF the and the doctor
with her; Augusta was there too; she standing
the door In the hall; my mother and Augusta were bsth
6retaed for ssreet and had their on thre was
nothing 10 eau my attention to that particular date no.
Os h,n 20 ee5 mas
GU, be in hs room; he did not 90 with them
when no coming up from tea he came 70 the pavior
and 70 me gentleman called for b,m that evening TO
send him up 10 his room; called Mr.. Douglass
him 10 70 mp Stair; ana think il must have bean the
person be nsmed 70 me; the only thing remember With
regard to m, mother coming back hal night wasI heard
the hail. 10 the bAnnsIeP and look ed
ard 90 my mother and Augusta and the docsor;
tie doctor said something and they boh laughing
sher; I'D aisnI notice WHISTLER ,Ssy had gloves on
On ne ,sia a,0r they ~ wen: 70 NE
and retrei nothing Of either Of them ths,
night, excepting my sister Augusta; both rcmsined
she came up; had not bean in sleep; oAat say how
long thoy had bseo In before Augusta came up; tbs
doo'es len The CITY before The following Friday or sasur
worn snce she nrst put on
Cross examined by Mr.. rldea-l resided with my
mother the whole period while she lived In Boud street;
vss away in Goshen; went the day before New
Years, and stayed away one week; don't reoOlleot
whether We, Wednesday or Inunaay re'csoea; !
ipv amer I returned; didn't &c, homo I'LL about SIX
sis and Wa ssn siok Tslept IN The third Story rosi
that night with my mother and no one else; re-
A.Sa . her roam :, Ss me ..s sex snd
Dr BALDWIN attended me; his Office 10 on the
eerreI Of Nhc,septh street ard Fourth avsnu, !;
recovered; scnr know tso eTsci number Of nights
not the sams Wecs; II might have BON two wcoss
Ntcr; ser recovered, MP to tho time Of the murder,
caar exacsy say how many nights slept with hsr; II
w0 more than once; might nave been halt dozen
times the rest Of Inc time opt Ia the fourth sorv, back
mar on thai story the servant girls sep. In small
adjoining exscsly room, bus PARTITION put
up In the open attic standing In our room on can zee
the door Of the ~ have had that ~ my
own room since the lea Of nay dont know hos orsal
have slept H. before The lat OF last Nay used 70 sleep
stairs In the small 'front.' room second story DOM
know exactly how ofen I slept there; dont know the
month No "a the house 70 live; va sfter We ~
tvned nom Saratoga, In 1855 dont know whether We
len saniosa In Augua Sepembsr, % later; tasre
were pee pie there vhsp le nrss slep, In The a'c
frups room whom FIRST vest 70 tina, house; my
yrs; Ausuia was DOT homo thea; ciar remsnsef
when they came home; u Wa before the winter set N
she vent Win ss 70 sars,oss; - that TINE IN. .as
with me; was soousomed 70 sleep IN The ssio my ~
TER generally slept In the attic; sometimes
ss Ter f s.s sick Iuasss would ,mss ss-p VIA M
IN the attic and sometimes not she did not generally
she eccasscslly slept with mother In the rous rom
occupied thai room; before tney Occupied u II stood
emp.y TOR . while; before taken SICK she slept In
taken sick ,hs came Up stairs and occupied ,hs.
VITA n a. before that u . spare room; she rcrtsd
that room 70 Mr. Bacon and M Isays1; r don't emo
10 ,he honse sometime 10 October or November;
think Mr. Thayer len sfer sr. UInsn came but am
ar,sr, don't Eno- whether vais month, or tao, or
ttree; u var not AZ lcrg az three out cant
Say i0T &c ce'..s now Ion. d T s',o,. NJ h'f Tu
be port occupied ,De small bedroom sojOinpr -
mothers and connected ~ sfsor moved Into the
house took that floor; ths, door ". locked, and
hsvcT never seen The key since ssw the feT hrt-
30 IRON psy saw ~ tho sS'r was -nsn re we're
sav u sftfr be came, "a mr. remembrsDce; kr. snod
grass came 10 our house Wait last is think wss
10 December, an not surv; don't remember rheiner
she there since; abe stayed there her way south
and ssan on her return; che occupied the sres room
vss, there sbout two weeks that me abe Oocup ID tle
front room above mother IN the nall roo do IN
stairs the small room In the second story s5one be DOC
tors bedroom think that the next vas then used
as biz bedroom he generally occupied the room IN which
he van Killed or q bedroom; he made change; donl
remember shether u was In winter or Ia tho ia when
wo frat became scquaItsd With him he used tho hack
room ~ an ofce; Then he onsnsed his bcdrccm there
and bis Office 70 the front; tnero vas dcntsVi
chair In TIE small room, IN the second story
he did rot THAI In front operating room
there wardrobe bcdsead in that room; no, ver'
srall think mothers acquaintance With the doctor
began ,wo or three years ago; touk f-s sew him In
my mothsrs house In Twenty fourth street, nts
avenue con Z trov Tire number; vss living ~ hout
then; berg ~ home about six monshs-dont Know ex
acsy ,he relations between my mother and Dr.. B1rdel
we've tmicshie, generally: they bad difficulty
vss last aeIhmber: Ibenevo ihe Doctor missed som
notes. and mother ahiss them thu. or sasei
difficulty between them: there any otser DIN
cully between them " wy krcwedss; they other
Wise slvsys frieroiy Sac them vhcr tbey out
the ASH day Of Ociober: remember because my mo
tner told me 70 ere fsve me no reason ~hy; sooud
member n; sav her gong out with DR.. Bordeii auc
vas little surprbed; mo,her then told that al he'
a cnes 9th The doctor were settled, ana wanted me
| 10 REM mber that DAY.
| y wanted you 70 remember vhst-that there was sucs
| sesyi A Yes, SIR
without her telnng youf A. sne wanted me 70 remembui
hat taey vent out on bs day. suppose The conversa
tor occurred the 'front.' psror n The nrs part Of the
evening she said thn TIC presence o. NE Dccr, ss