The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-03
THE BURDELL ESTATE.
v1nal Argument Of MRS. Cunrsn8nsmpO U
scl-Ths Cas- Closed.
DURRedATE's COURT
pa6o~a UpAdfovd En0.

sel-Ths Case CLOSED.
suRReaArE's COURT.
Before A. ". Bradford, Esq
- Thursday, July 2, 1851.
opened Il 10 O'Clock this morning Mn Gun
1919. "a sls friend were present In IRE Court
~. -..s- ooup.el fof Nrs. Cunningham In her suits
-. n, Rurde for brea u Of marriage, presented 70
-. rrrt comics Of the adavits made by Mrs. Cunningham
-. the Doctor as that ame The Original smosvis
.uh not be produced. Mr. nlden wisheS 70 examine Mr.
navsr In regard 70 the contents Of said aGsy@ some
argument was had upon this point The Surrogate aeo'd
q ~ 70 admit The evidence
ApaurxNr OF lx-JupaE DEAN CONTINUAL.
ma counsel began by abiding 70 the proef Of Dr. Bur
es being in Herkmer the 9Th Of october wnico no
uosderod 70 be entirely insufficient 70 establish the opPo
psavV sam Of the Doctor being there 1t that time Dr.
Iuien va NOT likely 70 be IN Herkmer II that uue he
had business there them He had business here ana
NJ bkely 10 be here The subpoena Of the United STATES
Circuit Court bears date the 9Th Of Ocober, and Lane
Dweas that he served the subpoena on Dr. Rurde on the
Dardel talking together on the 9th Of October Dr. Main
beAai6es that DR.. Burdei was present In court
a October 49, Dr. Burdel then complained TO me that
ne case was put off, and called "squizzle" Clarence
PRAYER young who has interest In this case has
sworn that Dr. Burde was here Sunday, the 18th Of
0oser when The Doctor aned with ms Ia.nsf sne Ia,
- The 9Th Of October in the street. while the to5per was
- his way to Wait patient in Brooklyn, whicn vnt
who did not desert this family In adversely, but
ching 70 like man, has testified to the Doctors being 10
S.w York on he 26 Of October and dong sv wn
here tho Goth, 27sh and 2Stn Of Octo6er AMI tna
ooToborates the testimony Of Miss Augusta Cunningham
M circumstance Of Mr.. Marvin seeing something pccu
M In the whskers Of the man-seerg "day light DO
tween hem'-h strong argument on our SIDE, because
~ xnas we're DYED and % n nss a gray
I'M Now, no person would have thought to per-
snate that popularity. and this circumsts roe alone
Witnesses; and this coroborates Miss Augusta
0ununghams testimony, that 1t was the Doctor
WHO was married present you TINS mute ous important
n he form of affidavit declaring that he has made no
vii prior the 18th of October, and that If any was
Il This paper TO Mrs Cunningham There could be none
cept thai he wanted to mortgage his property and TINS
s.o show Mrs Cunningham, 70 whom no was under
NeH unincumbered and This explains the aft
&vii Of Mr.. KnowtOn I wish also TO call
siease which is dated oath Of January also agree
qu claim and surrender the premises now occupy, 81
ssna street, on The lst day May next aad to pay the
bingham. What does this quit claim" mean9 II she
Vas only tenant there was no need of hisshe would
her AFTER the marriage. The unexecuted release dated
be 18th Of October, has no such specihcaton
this. No, there was as. no need , OF i % then her,
Ang against Is srong argument on our side There
another fact worthy OF notice; that rs Augusta uniform
isisd year beforea secret marriage, too aud that
Sey were then gong Europe; the marriage put oil
syear, and consequently the visit 70 Europe When Ad-
fsa swore this che did not know that she would DO
roborated by other Witnesses but host Of witnesses
i've testified that the Doctor expected TO TO Europe
year ago and that he also expected 60 to Europe this
~ and on both occasions with ladies' To two persons
mentioned the names Of those ladies', viz Miss An
Gsta Cunningham and her mother. The counsel for the
er side have nsnuated something against the character
Heeter Van Ness but they dared not attempt TO i'm
ysch her they had gone up 70 the church OF which she
member and 70 he scnoC wnese me mas
God character. Miss Augusta Cunningham again
sToborstsd by Mr.. Beecher. The Doctor endorsed
IN. Cunningham's character 10 Mr. Beecher. she 10
Teborsled again by the settlement Of the cases without
isney The Doctor sent Mr. Frazer to settle the case
mn Mr.. CUNNINGHAM ey paying money; she said she old
coorable terms Frazer and bis friends advised Burde
marry her The suits suddenly settled without Bur
= n. namely-the marriage. There h no one fact
nai couradics the testimony OF Augusta no
"a has or can pc found ns. ~.
ancies In H. The testimony OF DR.. Ware VIII NOT refer
,; be may have been mistaken about the time he saw
- case must stand or fall upon the testimony Of Miss
augusta Gun nngham Al regards these elfconhadc-
oas q Augusta CunninghAm he counsel on hs other SIDE
n rot into the papers, publshed In parallel columns,
Ne purpose Of ipjurns this gils characters but has
The Cour,-You may make written or printed answer
those self contradictions, but can only have neen MI
uu1es longer now.
Judge Dean-rhere n only contradiction IN her
uhoe testimony Tho Recorder asked hep she had seen
Ne lease she said no. while she told you she had read IL
feSus py when before The Recorder abe did mot know
Uhss lease was she called Is agreement bat when
Dsore GU she had learned they were Tie same There "
sny one clue this evidence; Ia that OF secret oompul
sry marriage would have been unjust for US TO have put
NJ Erksl The stand and compel him 70 compromise
himself still more by his testimony, when there Ia an
Indictment for murder hanging over his head night aud
ay when over have been offered for the convic
IN Of some ~ The murderer. II Mrs Cunningham
uas married 10 Or Burdcl then abe must have per-
ned the murder as necessary part OF the conspiracy,
and the presumption OF law IN In favor Of Innocence, net
crime. The consequences OF pronouncing decision
a~ans The claimant would be 70 pronounce basardy upon
child unborn. child should be born 10 Dr. Bardell,
IN The lies OF blood Of nature Of honor ask your honor TO
kAa favor Of ai unborn child instead OF In favor OF
mo other parties
ne surrogaio-This cssc gentlemen has been discussed
BY side for ton hours and by counsel on the
eShor side for eleven hours. Although that long umc
n has hardly been sufficient for this case.
M. Tlden-H has been entirely inadequate.
The surrogate--Tbis fact will lead mo 10 examine the
sviAsne In this case critically than In other
ough II is my custom 70 examine with great care This
perhaps the most extraordinary case that ever came
undsr my notice. Al question OF marriage u s Of I'm
Dsrsnoe 70 civil society, and deserves great attention IA
your time has been med would be pleased 10 receive
any ohcr papers exhibits that you can mako oct
nay have 10 ak for time In which 10 make my deci
Zen than you are willing 10 give.