New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-09

cte of The S'tnsssCs IRE H,n NJ oas,6ei. 500 5
htie ard Who | sm isfrrel kno<s natter Of IN
Ioi'aIee We have h.d letter cent here ststng II II
AeE crew some papers between Ms Cunningham and
Ds buTceh IN rtisreoce = 3 slt for sedccSon or
bleach o. promise, anc We wait 20 90 az IL
lEyI :. CHATFIELD rEsrINoSr.
hr Nhatced-l ought "a premise by sAyi-g or.ba.
by thsi tevsl have seen Ms Cunningham. never
sfcke with D. Buidel, think saw hin upoa oue
ocossiou a,ihe LaFs-ge House st dinner bUi he va
sol two or TIRE tables of sore time in s. Ste rhar
csntssy what tiGe exactly, bur soon where sb,ut
n mic Gle should think. | was called upon BY Mr..
Tbsyer ard retained BY bin IS counsel FOR Ms Cgn-
LII n in some scoa which he ,on,s mplated bu z.
rg 81 anst DR.. Buriel; | hink Mr.. Thsyer breu :ht
60 NE sw1tten statement 0i the material facts IN tne
case.
C,rorer-Whst were thew
Mr.. Chsh,lG-Perhsps | had bettr tel them IN
nv own wsv; tie statement | think Wa in his
band WITT :; on that statement and from vegb,l
II sertIons made 20 me by u | drew the nectsS iry
psIers; | an lot clear. Sir, TIA, | drew the CON-
plant 10 the breach Il promise cssei il didn't.
| eIsmped Il a. counsel snd knew lie ccnteu's.
and sn not sure either but thN drew l. | id
crsw the sfiidsyit on which sppiicnion 70 be
msce 10 the Court for the arrest OF DR.. Blrdel the
nplsint in that ws the ordinary form OF COM
plain. for breach CT promise Of m.rTaSe lie int give
yCu the contents Of the affidavit, csc only give yoa
rerhsps The substance OF her statement Il would h4rdy
be plOIer to give il If they Ae 10 ben, hsve under
stoid fiom the papers that they have bSea taken from
the Shef'fs C4ice.
,Inioe C.pron-The y: int is to fnd ont what time
the application made to soui II you drew tue
papers they were right.
Mr Cbaihed-lt struck NE when | heard Of this
"a after that theIe seIe statements the a svi's that
n isLt be material: Mrs. Cunningham stated IN that
siSday a. near rs can recoect. that contract OF
n srIisge existed between her and Dr. Burdell some
tue in 1855 in the Sumner Fsll think 10 be per
foTn Cd on the fist Of June think last June, 80;
that soon after the contract made between them
Dr. Burde1 stated to her that be bad sOue properly
Ital tstaie in New jersey my recollection Is at EhEA-
b, ,howD, | may not be entirely accurate about the
pace but that ls my present recollection: he IN
xi',d her 10 90 down and see with him,
she went with him they were engaged IN
ook rg at the premises recollect until after the
tshs had left from Elzsbethtown aid think she cT
RED the icea In the affidavit that was by desi IN %
bis part making il necessary for them 10 remain over
night there that they stopped st the hotel he came
into her room in the course OF the night and by force
had connection with heri the affidavit was first drawn
that after much resistance she finally yielded u his
propCst ri, was subsequently brought back and
Il at part stricken out 10 leave the matter upon
ire Ispors a. being forcbe thing altogether; that
some time slterwsrd she discovered herself 10 be pteg
nsL she spoke to the Doctor about it and he disoe
lieytd IT, or affected to ard insisted upon examining
Ter physician did examine her and produced an
Abortion.
Mr. Chaihtld-I CON know tn 1t, am merely stating
the substance OF the tiidayi to which che swore IN
orcer % procure the arrest Of the Doctor on tia,
charge she further stated that she sd repeatedly i'm
portuned him TO perform his engag enent, he LIST OF
June having tTsnspued and he had refused To do soi
don't think the cha ge Of seduction YVES 10 the con-
plant: indeed know il wasn't for 10 drawing II was
Eat. fed hat woman of full age as she was, wasn't
euilg tor that alter tie arrest Vas withdrawn the
trouble az had between them IN relation to note.
Judge Cspror--About what time was that. Chat
fed lhiI II wae while the DR. was under arrest on
Il fret warrant that tie mat er IN relation to the note
became subject of contrOy cray. Ater the affair at
the house j called upon egIn ana drew & conn
plant for ssnder On TIE alega,i that the DR.. had
upon that occasion charged her with stealing me note
Her sfidavt and some others were appended 10 mat
,ecoec tine affidavit Of Mr.. Spicer, who u said 10 i've
AZ Sackets Habor another order of arrest was OBJ
tame and be was arrested tina well thhk,
about the I'D Of Oct. only remember The date rom
seerc the discharge copied; it was dated but about
that time understood that the suits were discontinued,
ard think indeed know drew the form of the dis
charge; itwss found Sm9ng the DR. 3 papers; m.
Chsifeld-Mine was a diseontinuance OF the saAI4;
diff, rent psper entirely short paper.
Judge Cspron-Now, We want to get al tue Tune
whether iheie substquen. dspe siton on her pal
TO revive the eult.
Coroner-I can produce that psper, ifrecessary.
Judge CaIron-I wan. to know If 1t were revived
Mr.. Chsfeld- Mr. Thayer can tell you much better
tl0nI After tae 22d OF October had a converse
ton with MIR Thsyer in which his matter was spoken
Of Undentood from bin, If that IS evidence acre
n at The lady had been 10 his office the day before to
commerce the cults because the Doctor had refused to
IGfOm hls promise.
O. That was a II onth after the I'D of October \.
No think il vas three or four weeks. II IA proper 10
state that understood from bim when the suits were
Dir &c ntnuod, they were discontinued upon sort of
promise from the Doctor although it was said not TO
be very fpectic, thai be would marry her.
Judge Cspron-Ihs ia merely her own allegation
emf her own statement of the case A. That Is all |
never spOke With tie Doctor.
TESTIMONY OF B c. THAYER.
Mr.. Clinton pressed up to speak with Mr.. Thayer.
Recorcer- object TO any conversation with counsel
after the witness ls on the stand.
Mr.. Thayer-I am perfectly willing to tell anything
that can q nsistently with my posi- ion
ard say, any that refuses to answer reasonable
question | will decidedly for one ssy, the law shall
protect II 6 IL committing BIN 10 prison.
Judge CsproR-Mr. 1hayer kLows what he Las to
O. Do you know Mrs. Emma Cunningham, the o,e
that Mr.. Chalfe.d has been speaking OF A. | have
Lot besrd bis testimony. 90
The Recorder stated the material point Of Mr. Chat
felo 8 4 stmODy.
Judge Cspron-I want to ask you simply as to the
time CT her speaking to you about ievviDg tbls SUI =
il il lot question which we think you can claim
exemption from answering.
Recorder-Tteies doubt about the rule; the coun-
sci il OF protected except in the matter i'sel'
Judge Cspron-I want TO ask you now what time II
was that tbs lady came TO you either to reoommtnce
or to revive the suits A. In the first place the sults
that we're commenced were simply discontinued L
think il was the I'D Of October.
O. Now how lOpg after that before she came 10 you
to revive ihem-thats al we want to kno" A.
can't tell.
Q. Give Us about A. | can t tell the particular
CAV bat my impression is that she said she didn't
know but he would have to revive that.
Q. About how long A. think il was some time
sfterwaTd.
Q. Three or four weeks A. We'll, it might have
been. 800
This was received with triumphan laughter, which
was slowly repressed by the officers
RecordeI-One OF these suits was tor breach Of prom
Ire Of marriage A. Yes, ST the other for SANDER
chars ipg her with taking that notei she's never In,
NJ 10 oorrn and zhe never called