New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-04
THE BURDELL ESTATE.

Tie disposition % the est2te OF Dr. Burueu mas py
TIE acauittal of Mrs. Cunningham received new
uncertainty and a new interest The amount Of prop
erty At issue i siNty eighty thousand dollars,
and the state Of Ms Cunning cham Is understood to De-
such that Dr. Burden viii have po.thumous child
about the first OF Oc;ober-an heir should the mar
rage h. decided genuine by the Surrogate. This con-
.ideratian has added energy to the defense. The
tables in the Surrogate Court were lined with counsel
Yesterday morning. Mrs. Cunningham was present
deeply yelled.
Dr.. Edwards moved Tor q Commission
Judge Dean interrupted with the objection that the
afideyits informal supporting hs objections 10y
authorities.
Nr. Clinton said that the difficulty that parties
could not be held for perjury under these aifdavs.
The Surrogate however, allowed Mr. Edwards to
read afidavts for the purpose If procuring COM
mission TO take the evidence OF Whitehead c. Hyde,
w,ress in California, foT whose examination Com
mission applied for aud refused twelve days ago.
Mr.. Edward, then made affidavit; that he had been
informed and believed that Whitehead c. Hyde of
California was engaged 10 be married to Mr.. Cunning
ham and ste kept up the engagement in correspond
ence until the 10Th of December last, month aud
half after the alleged marriage Tse motion was IA
fused. from the in,uficiency of the affdavts. Mr..
Edwards read yesterday the three following
William HYDE Of The Village of Ovcso in said county being
duly sworn Geposs that he the father ot White
lead C. HYDE California and of AbIau r. Hyde OF Owe-o'
that Wit;LsI Hy ha. for some ten or years lat
rs.t resided The L, public of BE Kco aud IN the State OF Cali
irn, that Er the lat four sad w C. Hyde has ire
ou.uy written To some menb ofdepol,n family aud that
T mat the rtt.r. received from aid HYDE depouent
heard rrad tha for the lat ~ months d"P9uehts
y Iao month t6at aid rtT. have been written
HySS ha s 81 SS Do9 but ut Gc V an G'9 d.
peneIt further nst M letter received by sa'd Ahfa
ayde poke OF having received letter from female
i,end Of his Mr., E"Ha cgHPins,'m and he , xS.
ana requested 4 q. Hyde to call upon her AZ that places
;at in ear, ever received from said w C. Hyde since
the letter above mE:onod '-d W. C. Hyde has spoken of
Mn CuIug and also frequently spoke OF receiving letters
aI " M1de IN tie F Of ia5S SAID " G. Ii de .@d
that Cunningham intending - take tour Wet
jepou,1t acquainted With Mrs Emma Cunningham
nor her l. member OF drpoueuts ta
y acquainted With l,r nor ha' any memer thrri 'efcpt
Hyde who depooent Informed snd believes once
snorledee sen aid Fmms A Cunningham Depoueut
further thst from the frequent illusions OF ''a w
r. - ~ -, tcrorrnt leaned from Mrs Loc.da HYDE
az auIt Of " {. Hyce, residing in Brooklyn hin;s
COUNTY NcwYork. who Is, as dcPonent is informed
NJ Pima A. CHAM this defendant family
induced believe that ana t believe previous 70 the murder
Of Harvey BuTGc No ii Bond street that an en9emen;
q contract Of MARRIAGE existed between said w C. Hyde aud
said Emm. A. Cunningham that the existence OF such an en-
sasen,t Omen the subject OF conveT.aon Ia drpoets
family rvous the murder Of sat Burde Dep"nent fur
ther visited ssd Iooada Hyde at her house in
Brooklyn in the Fall hTst oil December s ana nat 'Ne
existence II enrag.neDt contract OF manes" between
sid " HYDE -nd Mrs Emma cunn9shsq vas the NIB
jet conversation between dePonrnt ard Mrs. lGas HYDE
srd , dummy aid c2p'e,aIn '@ Lfaos nyas Gssfr NJ.
'ir.i:h M II n Tq that att, M. d.. ,,b Of H,rvgy
grrdel A r Hyde wrote said w. C. Hyde 20 ascertain
a.,hr ers,sement or contract Of mafIage existed
between 'ad W C. hyae aud Mrs. cunningham,
alNr W Hvd 20 said letter OF A. HJd and that in
sad letter said ". Hyde in substance that such
ioft
10 lis return home DeponeHt further says that
on SUNDAY morans Tie 2h day Of May inst Losada Hyde
CAM In COMPANY " h laGy. whom she aid Mrs. Wht.
and ponent IL informed and believes in the
City Sewl ok 10 the lss of this dePonent ia the village
of Ow.go; that they informed Opponent they arrived in
rent. b"u.e for the city New York Monday about m
that depon,nt siomed .nd believes they a~ and had an
interview with A. r Hyde at his house on sunday morning be-
fore coming house of deppneut aud his knOw
edge say thst they .nd bad another Interview with sd
Den inst; that ali the letters from " Hyde 20 sid A.
+ Hyde read BY said A. ,. Hyde IN the
spc hearing Of aid Locada Hyde and Mrs W, That
the conversation at dePonen house on The SAID zth INST MIS-
Loelda Hyde the presence and hearing OF hs dponent
that # Cunningham succeeded IN yetns the property Of
DR. Purten she Mrs Locata HYDE % receive 5000.
Dronet further sate that lie informed By Locada Hyde
and Mr. wits that MTs Cunningham started 20 come with
item to Owsgo on I'D init and tag jersey
Civ where tLey persuaded her to return 70 NewYOEs De-
potent further that be Is Informed By the wife OF
Lii Mr.. Wit. returned to Oweso from Me- York Tudsy
morning the 26h int at o'clock m that she went u the
quir-d for id and hat On bling n9tmrd that 'ad hyde
ID he
aid yd. r,te ed 10 ~eeo and informed hi wife that
NIts ana dep6ueu believes that said A. F. Hyde is now IN
the City Of York having there on the afternoon 81
tie 6,n ms; in company WITH the auy VINO cSa MIS-
Wits az deponeut's house on Sunday -
f"'o f ss 'ss%' a the 9th
Joseph E. UPhaln Of said county eeas duly depoes
AID saw. That be The sonn Law II William Ey le 81 tue vi
age Owego Of A Hyde Of aid village,
w HySe t Ia. corresponded with him for year last
past during which tim. drpOIet h, received from 'a ny9e
three etter AID has aud read oil Of the letters which he
suppose have received by f. Hyde OF ny any menOr
Of the family for three i.st past That Ill TINS way d.Po-
neat has acquainted with and Knows the nand ~nlns
Hyde from C. Hyde from SIX to ten letters
winch sad letters said Hyde had N az possession Oh 'ae
18th inst, Informed tb Opponent N me village 81
oweso that in fI rh E7 the .b .at one yes, s
which this depopent saw, and aid read sad w l.
s nj haI Of Nc 81 Bond street requested
f. Hyde wher be went 70 % e4 81 neg a. '4-'
ieIIed to MIS- Cuuuip CHAM hs ciie5' ~ s4d A. HYDE
aid to th &, poueut and from ae naiue " "nn ns
Loc.ds HYDE in Brooklyn dl-nent ana 10 s,i! lshu'
q .sid W C. Hyde were induce 70 ,.e aaa ava osss
ed W g. Hyde .nd Mr.. Emma A Cunningham, and that
thr existence Of ueh an ensassIrnt =, C's. 1f @ &
cath Of fisrvry Bura-l letter from w c Hyde
New in the pan Of 1850 bt tha. IN subsequent letter
lie iIoIIee 5ssH gag rs o Isl as. on OF a55a, the S;a
dar Of December last isa J. hyde wrote y 'ad W. 1
Hyce re ct'eE "IeL 49, 40
IL Po: d. ip dveso directed % W {. Hyte. C4lif9ra
which ssid letter supPJsed "Ss1 AZ - r.
steamer for California on about the tA OF Drceho.f last
that " February OF March a.t sad A. ny Te''-a al ~
from w Hyd, 70 aid letter % WITH % q l ~ a.
lsih la, Of D,csur q. aforesaid ia ~hicn aid 4 hsr
.tf.. L. sJ IND. and ~hch aid better sPon-ut ma
zen md - tbt b.u h. received ni. "a Hyde. last
Inter be 4 90 r.rriyr QUE from Mr. Enn. cunningham
Dep-neri further that after the MURDER on tfyy
&C., dererent and th. family sud friends Of SAID '" L hJae
st supposed snd believed thst IN enssssnlsnt %
marriage existed b,tween said '" hyee all a-.d
Inn Curnnshsrn and ssreed BY lsni anl SAD
\ ? Hyde that hey would Wrte 20 sae w NJ &c aAa -
csr.rr n.her -, h u-seune; exs,et ti - ~ @D3-t
tie 50 @: Febrsry las Opponent anc sad A. = n ee
Al'er SAID ". {. Hyde in ValeA t-fy .'-s " - - -
Ia ''e-4 80 ss'l - "a.