The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-19
THE BURDeLL ESTATE.

dell Ia me Case Closed-Recorier smith Tos-
tihes as 90 Augusta Cunningham's Conduct
on the stand at the Coroncr's lnqucst-Cre-
dibility OF Mrs. Orane-Conf1icting Testl-
mony about MIR. Grants Character-A
sharp Witness-Strong Evidence About Mr..
Knowlt0n the California Commission
The surrogate's Decision not yet Given, &c.
sURRoGATH's COURT.
Before A. W. Bradford, Esq
THURSDAY, June 18, 1867.
The Court opened this morning at quarter past ten,
with the usual number Of spectators.
EVIDENCE OF RECORDER JAMES N. SMITH, JR, AZ
TO HOW AUGUSTA CUsNINdHAM TESTIFIED ON
THE INQUEST.
Recorder Smith called to the stand by the counsel
for contestants and testified followwas present dur
Ing portion OF the inquest the body Of Dr. Burdel; ct
the request Of the Coroner examined Miss Augusta Cum
bingham.
Q What was her appearance and whilst testify
ing, as 10 self possession
Mr. Clinton objected, but he Surrogate admitted the
question, and Mr. Clinton Pied
A. She testified with great elaboration; did not OBJ
serve in her manner anything like excitement; did not
Did you observe her at any time TO smile or laughf
Objected to by counsel for claimants, but allowed.
A. remarked that on one occasion.
Q. Did she answer rapidly or slowly-how quickly
upon her interrogationf
Objected to, but allowed.
I did not discover anything further than have al
ready stated paused sometimes that repeated the
question.
day the month the examination teok place. my impress
sion is that 1t the day previous TO the issuing
babeas corpus for the mother and the daughters an
Mr.. Clinton thought II on Saturday and was zorro
borated by the reporters who were present
raan sndcd that dsy NV IN is thai II did; thiak
consulted at the time OF the habcas corpus for Helen
Cunningham while she the stand could not state
the length Of time that she was on the stand tnEk vas
four hours think report Of the examination will
show whether searching or not; there was some OK
element inside and ouside the building.
Q Was the atmosphere rather impures A. Well,
accustomed to impure atmosphere that hardly
think should Lotce IT. am accustomed TO close rooms;
should be more likely TO notice 1t II were pure
Did you pay particular attention to her, rather
OF her but few times during the Whole examisa.ion.
DO you recoect putting this question to Helen: "Do
you pretend TO tell me that you didn't know Its contents
O. Do You call that q mild question according 10 your
Standard A. Yes, sir. (IAughter.)
TESTIMONY OF EZRA BLISS.
Ezra Bliss called for the claimant and teeined-Was at
81 Bond street Sunday, February l. also on Monday
and Tuesday heard Rev Mr. Marvine say that ne could
swear positively but that here were strong points Of
Cross -exsmined~Dont think that he mentioned any
particular points of resemblance first this
incident Mr. Clinton about ten minutes SINCE was mot
Tobs about months since; did not speak to her on
this subject
This witness called by the contestants to show that
Mrs Cunningham .d said 70 him the day before the in
Thai she bad ss sss ns her
Mr.. Clinton objected that this was new matter.
Mr. lden said that the claimants had departed from the
theory Of the secret marriage and claimed that the mar
rase open 70 have been spoken Of in the Streets
Mr. Clinton claimed that he had stated in his opening
hat teefiu
that Dr. Burdell ha nos kept this marriage secret he
commended that the proposed evidence could mot be intro
duced In accordance with any rule flaw.
Mr. rl1en replied that he had right 70 introduce this
testimony rebuting the theory Of Dr. Burde and Mrs.
The surrorse thought that there ought 70 be some end
10 the dscussion-hls mind made up. He shoulf not
ALLOW the testimony sIos IN aim
all the declaration Of Mp Cunningham subsequent 70 tho
marriage, and should do now.
TESTIMONY OF GBoRaB ". PARSONS.
Mr. Parsons called for tho contestants and testified
that be Of the counsel in the case Of Warner vs.
Gross eIamined-Recolccs making the remark TO Mr..
Dean that he had dissolved partnership with Mr. Barnard
but don't recoect that twas on the 9Th OF October In
court
TESTIMONY OF Mr.. srrLwKLL-RECALLKp.
The business Of the United States Circuit Court usually
later the FIRST day Of the term than the
others recognise record Of the posponemen Of the
until ths th1sd Monday, a. Judge Nelson's.
Mr.. Crane, called by the counsel for clamans-Am
stet son Of Mrs Crane former witness know her WELL
would not believe her under oath her reputation FOR truth
Gross .examined-Ther has been some dfhcuty be-
tween my father and her; she has some hsrd feeling
against him ne has feeling against her have taken
the side Of my father; came here OF my own respons
by to testify rith regard 10 Mrs. Crane In order that
vice nigh. rot triumph over virtue Gsugn,sr1 mean oy
accord because did not believe her statement 70 be
true don't know that her statement WIS untrue, excep,
from my opinion; n she should testify 70 the truth
should think that vice would triumph over virtue.
BY Mr. Cnaton--Hor reputation for truth and veracy Is
bad.
o Ia she living In open adultery now'
The surrosae Instructed the witness not 70 answer
TESTIMONY OF CLARK 8. PUTNAM.
was a witness In the Warner x Griffith case; have
diary with an entry ON the day that was notified be
there 1T the trial could not cay that saw Dr. Barde In
court on the 18th; was In attendance every day saw
Dr. Buroe the street from bis own house with Mr.
Lane To Dr. Mains, with whom he talked about half an
hour; am quite certain was on Monday the 21thi DR.
Burdel took active part In the suit against the patent
va, for the defendant the entry IN the diary Is on
the 18th Of October Unted States Circuit Court, new
City Hall, 10 the Park, on Chambers street"
before 18th The 3s,h, 60 hit should no, make any
presence have told no one OF the incident Of seeing
Or Blrdel remember distinctly that did not attend on
the day previous or after The 2sh but only on tn day.
dell Monday before the 18Th can rocoect circum
stances better than dates.
TESTIMONY OF GEORGE W. UouGHToS.
Mr. Houghton GALES by the contes sns and testified
follow, IL reside In Buffalo, have been Judge Of the
Superior Court and also Recorder there know Mr. David
Grant from ten 10 twelve years have had no further
business than by purchasing goods his store
cay nothing further than that heard thing
against him during that acquaintance,
Cross examines-Iisve had social relations with him
knew him business man; never heard Of any criminal
warrants against him. do not know 10 his business dur
ing the Last two years. In New York suppose he has
done business In the store 10 Buffalo, Main street.
have had dealings with him for ak or eight years;
think hat when Judge, or practising, might have
heard Of any criminal proceedings against him II there
such.
DoLrHUs PAINE RECALLED.
Counsel for contestants wished 70 show by this witness
the date Of Mr. Eli Tayiors going 70 Connecticut, by
check given by the witness 10 him The Surrogate ruled
that the testimony was inadmissiolc
Counsel for Mrs. Cunningham announced that they bad
received by telegraph from Herkmer the OF i've
witnesses who would 10 the day when the case
riei In Herkimer at which DR.. Burden vas present.
which not on the 18th
TESTIMONY OF HENRY CRANE.
Mr. Crane called BY the claimsnts, and testified A.
follows Know Mary CraRe the witness In this case; her
character for truth and verscty Ia bad.
Cross examined Am nephew OF DR.. Crane her former