New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-03
THE BURDELL ESTATE
ARGUMENT OF JUDGE DEAN-THE CASE SUB
MIrrIp TO THE sURROGAr2.


MITTHD TO THE sURROGAfG.
The argument of Gilbert Dean in behalf of Mrs.
Cunningham, was commenced on Wednesday evening
at late hour On the opening of the Court yester.
,erdsy morning, he concluded his argument. 10 the
beeirnng Of bis argument, Mr.. Dean alluded to the
extraordinary latitude that had been given IN
this case, in the admission of evidence. lie
accused the counsel for the contestants Oh
courtesy. The differences between the statements
f Ne.sfs Edwards denboth acting against his client
n The mas. and develop the truth he intended that
the night named Mrs. was married 70 some one
the Rev Mr. Marvin sGborned He should next hold that
.n. XSsns sn as ss neas he hod hold
that the married 70 Mrs cunningham protested 70
T.. d hs' :e, %Seh had been fabricated marriage
not s.Ss sSqs himself Without a nSf o
that The called on MI nS h on tire
He should hold that knew whs B9ras dell wa.
the person WI, married not ana he were not tna sue
was 1fs o 10 let ne III, se't .@e ' re. upon the
Sn Ter ,a e,sS .d ne hsn her e.ouy
PREPARED and pgs,1sd y a opsGs Would have ne
res TO her old pastor 70 Oelate II there were
simulated masse and inss 70 eo.sa be S p
snodsrss should that DR. Burde wa. in the
70 he time Of toe msrriase Burde upon
claimant q. with the marriage Lastly he should
sse that BuIde lived IN the house with the IRON the
marriage the date of his death Against these propositions
the Of Dr. Blrds had been o,ousnt lie
entended that his declarations we've not to be when
h character and the circumstances were taken INTO CONSIDERS
nary rank of men, physically coward and socially he
was Known IN respectable society until ne be-, BECAME
counsel had asresarded the general scope of the evidence Of
. and Ind s T. %a.t PHor be s
peseed esy else the deere nut be or Mrs
asse widow ." Harvey Barde There Were three mean. Of
impeachment: let BY dsPoyins the tenoEy ID By general
ss sdRnsSa that s self
no and @as By s p proved in Ai the c.s
to the material statement sh. made before the Coroner
Sa,fisse lad been testified to by Mr. Marvin and Ills
girl The material fact that she was called upon to attest
Dat ceremony, o. when was quite
nal on q BY SpP" Hasse cs % IN e %Gn
day. and afterwards called to prove tina, fact to prove
ting crime at place q that particular time. If he
eoonobOrated in the n.er, fact that the party was a. the
Astr House. and he dned in his At the particular
aDs would be whether Of rot ne should
was MI Tldeu invited him, proved to be
other party this would be no s3ana Tor puas perjury 70
rect And yet it in such secondary and imnsIs mat
peach the testimony Of Augusta Cunningham. He en-.
Tered this plea caveai, not because Il was needed II
sstsbsh Ia order to iny.dae this marriage that Augusta
cunningham had falsely tehed that trial for PERJURY
Of THE esves for he desired meet the issue fairly and
the, we're Wiling On the part the claimant stand fall
By bis hcnoT aeSSn upon the wtSf n 9 Bur h
On The proofs adduced to show that Dr. Burde Her
her the z5b 18th and 2lth Of October the counsel con
tended that the Justice came with osed record ss S
brs register though he admitted he had thi. would
been done mad not s 5 mo- the
HeIker at that time aud he had business in New York In
been absent without while the evidence was
that DR.. Burdel was subpenaed on the Ath Ausu.ss
whesaooo on those day. She Wa, epr .S
dmEn
dyeDg the whkers would not have c;ured to an nsor
have been part Of the drama have been then premcd
taed the marriage would have been o. no Sis
motive the world could have sctuated Dr. Burde drawing
TIE ' cl.i%snt her that his property
Was fee from ncumbrancei He makes this deslarao9
sren. s" AND whom he had then .srssd to mary
n sssSy and be the property
secured that the doweIo his wife would not attach THIS was
SSns.s, "a in which he make. her agree "qutcs"
No Bond % s a,' %a! oa S p :
O,ober found In her possession because then he
Whatever triumph. he had had over the sex he had
sro. .sS;e p%y held in The hOa.. from which Dr.
isns bel BIN and chs lady Which made him ashamed to
meet friends The Doc,o frequent dee. Of mis- in
te,,iany The ociors e,te Dm' Hubbard the
ms five for ecrey se what Aasaas stated II the ar wa:
hyenss by hi. relatives you'd prove M-'hs'e letters IN
which he miserable pttsnes a. the price OF PI9suon'
The great current the case was toward the mar
secret msrriaeea extorted from bad
man by he had wronged Here ana ,nee en DC
eddies followed they would be found 70 unite win
The Of the yer and sweep on with its wa' ras
was nc Testimony except that OF the SECRET
Tale that you thread through the labyrinth tss
be eVntsnded IN favor oil her innocence
and the truth Of testimony Of the secret marriage was
ssss marriage with man us under the roof the
n.onS performed by clergyman who might pass ther
door every day ana that the @ h P .ne
/; was Incredible Mr. and many other respect
40 hoe shSgld have been guilty q perjury u we5e true
Tia, ~ tbs orddsry sestson s h0eia u p'a havss
aas5n then no, ony ali the blood and nature and al
the dictates OF humanity demanded that the Court hoald lean
favor Of that innocent unborn child Iatser tasn IN favor
nho.e who have direct claim upon the property lie would
of decree OF bssiardy in sd
vsnoe-wlh consequences they nothing TO do But the de-
eson either bring that fair daughter down
with guilt and nsy send her away from this Couit she
ithrm. honest unsupported lie asked the Court
Of e bright FURNISHED gold aud pure her womAnhood
and Der chastity.
Judge Dean concluded his argument at l2i o'clock.
Surrogate said that the had been argued ten hours on
enc aide the other that time had hardly been
suceno snsiyae the thoroughly He should therefore,
give 10 the careful and minute examination.
IL was perhaps the extraordinary which had ever
him involving not only the rights Of the parties but
questions touching the order and happiness Of society 49,
tona susss in writing print aud would take perhaps
more than the usual time in celebrating upon it.
UNITED STATES CIRCUIT CoURT-July 2--Befors
Judge ISGERsoLL-
DECISIONS ~ EQUITY.
Alfred I. serrell ast. Collins Pel.
This was a motion for an injunction. The complain
obtained patent for Improvement in machinery for
making mouldngs which issued May IT, 1873 reued
January 1851 and again resued June p 1855 His right
und, established AZ law
pending this Court in which the validity of the
patent be contested aud tried Under the original patent
and 6, reissue he failed establish his right The bill
fled IN Injunction the defendants