New-York daily tribune., 1857-08-25

being concerned in the murder, be was at once
fixed upon by public suspicion as the man who had
persOnated Burde on occasion Of the marriage
The failure Of Mr. Marvin, the clergyman. or Of
his servant girls, to identify Eckel as the
bridegroom, produced considerable reaction
in the public mind, and very re-
markable one in the miad Of Mr.. Marvin himself
At first, he had been unable to perceive anything
bey ond slight resemblance between the features
Of DR.. Burdell and the man whom be had nirried;
but, having apparently made up his mind that 1.-THE
man was not Burdell be must have been Eckei
and beirg satisfied that be was not Eesel, he con-
Guided that the person married must have oeen
Bu,dell, and upon the strength Of this reasoning
was much more positive before the Surrogate as "
points Of resemblance than he had been before Tue
CoroLer. The public will sustain the Surrogate IN
treating the testimony OF Mr.. Marvin ss aficfding
10 grounds for forming any opinion as 70 the ioen
tity Of the bridegroom; 50 that the whole clsim OF
Mrs. Cunningham rests upon the testimony OF
her daughter Augusta alone.
Considering the nature Of the claim set up by
Mrs. Cunningham, the least the law could require
in such case would be that the secret marriage
relied upon to change the inheritance of large
estate should be established beyond all doubt; aud,
considering the relation 10 which Augusta stood to
her mother, it might we'll be questioned whether
her testimony alone, eyen though it encountered no
ctrfictrg testimony or circumstances, ought OF
s.)fto be sufficient to sustain such claim. 10 the
view, however, Of the Surrogate, the conflicting
testimony and circumstances are such as to place
Augusta il the position Of confederate In ffaud.
TIE Surrogate holds-and the testimony would
seem to bear him ont in it-tbat Dr. Burde was
in Herkimer on the three days preceding the 25th
Of October, during which time, according to
Augusta testimony, he was making preparations
for the marriage. He also holds that the whole
conduct Of DR.. Burde and Mrs. Cunningham, both
prior and subsequent TO the 25th Of October,
is inconsistent with the supposition of marriage
between them on thstday. Previous to that time,
they had been in violent hostility, and Mrs. Gun.
lii CHAM had instituted suits against him. 1t is true
that an arrangement for the settlement of those
suits was reduced to writing FIVE days before the
alleged marriage, on which occasion the suits W ,re
discontinued; but if compulsory marriage on the
part of DR.. Burdel with awonan whom he detested
had been part Of that settlement, surely the suits
would not have been discontinued till the marriage
had bten celebrated. Nor did either of the parties
&C, subse quenty to the 28th Of October as though
they had bee placed in any new relation to each
other. DR.. Burdei follows up with pertinaciy his
determination, formed so long before as the pre-
I,a 10 cat hap Of hnuon nm
the fret Of May; and, finding that Mrs. Gun.
nipgbam set up claims to lease Of the
house for the next year. aud also that she was
me ditatiDg a renewal of the suits on the 2lth of
January, six days before his murder, he appears
from the testimony to have forced Mrs. Cunning
ham to sign release ard an agreement t) give up
TIE house on the lst of May, but not till after the
house had been disturbed by cries of murder and
other symptoms of violent quarrel, such as called
lor the Intervention Of Helen to appease the Doc
tor. Had there been a marriage between them,
uch paper would have availed him nothing TO-
ward getting her out Of the house, and she certainly
would have refused to sign it. Having obtained
bis paper from Mrs. Cunning ham, DIR. Burdel
proceeded to carry out the arrangement he had for
'ome time contemplated, for letting the house to
Mrs Stansbury after the let of May. A paper to
that effect was all ready for signature; but the
morning it was to be signed, the 3lst of January,
Dr. Burdell is found murdered.
Such is the view Of the case taken by the Surro-
gate, as it appeared before him. The subsequent
affair Of the simulated Childbirth will 60 strongly
to strengthen the public in the correctness of the
Surrogates deci,ion, and will perhaps operate to
prevent any appeal from it. Itmay well be be.
eved that woman who does not hesitate at a
simulated childbirth, might easily undertake the
much mere simple operation Of a simulated mar.
ribge.