The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-19
THE euRDElL ESTATE.
Inc question Of Mrs. CunnlnxhHms MaxTt"
9ge 70 DR.. Buxvsell-TcstAnAOny Or Mr.. Ehsxg
dnd Mrs. c. stansburv. ....
sURRo8AYB's COURT.

sURRo6AYB's c0URr.
Before A. w. Bradford, Esq
APRIL lS.-Ihs was resumed today at 10 O'Clock
A. H. dense crowd forced themselves into the little
court room to the great annoyance and inconvenience OF
the Court, counsel and reporters.
rrr1MoSy RICHARD C. FAGa
Mr. Richard C. Fagg being called by Mr.. Tilden and
duly sworn said live at 10 Grand street. am forty ye
years OF age; have known the late Harvey Burde for
the last ten years; knew him intimately; him two
days before his death; went to his house. at 81 Bond
street, to see him business, either the eth or
18th oil October last am not certain which went 10 the
door and asked the boy who answered 70 the bell 1.-THE
doctor was in and he said Do he has gone away then
asked Mr. smith was in and he said "yes' asked to
see Mr. Smith; he down sars told Mr. Smith tina
came tosee DR. Bure but he was not present bought
ssex Of tooth powder from Mr. Smith and paid him the
4ice II IT, 80 cents; bought tooth powder fYom Dr. Bur
dell before that tmo bought ii from him when he was
ON Broadway; remember this purchase very WELL for
could not make quite the changes there WAS cent OF two
wanted TO make il, and he preferred taking that rather
than to change bl; had any conversation with
Dr. BurdeD about Mrs. Cunningham about any difcu
Ives ia the house was with Dr. Burdel the day when
the Artzans' Bank opened
witness examined bv one or tho corn sel c1r
ms. birmingham; / had certain business relations
WIN Dr. Bnrdell; have borrowed money from him; the
money mus borrowed that the year he moved into
Bond street. the of the transaction was $500 or
$500 remember the time bought the tooth powder be-
cause drew note that day; had not been well for
several days before, and just got that day don't
member the amount of the note, exactly by whom
was given II was drawn at my house. I6 Grand street
and given 70 Mr.. Basdel il in relation to some OF
his business; don't exactly know what don't know
now long t was TO run before payment; it dated the
washington Hotel, on the eame day or I1he next day;
have not got that note don't recollec whether have
ever seen i since, OF whether have taken up; don't
Know whether was intended 10 be discounted or not
did not owe him (BasdelD anything that time; the
amount Of the note was Eve hundred and something:
dent Know whether the note is yet due or not:
have no other way of fixing the date this note than
from my recollection; don't Know where that note was
payable think was made payable To my order; took
NO order or memorandum from him when let him have
the note; don't know whether have received part or
the whole OF the proceeds OF that note Mr. Iasde and
were not in partnership last fall; was in the liquor bu
sness and he had small interest in IT, the business was
in Broad street. be is not in that business now had no.
thing to &c With the Webster Fire Insurance Company at
that time.
Mr. Clinton objected to the witness being examined in
regard TO the last similar matters, they entire
" Irrelevant to the case Objection sustained .-
O. Who resides at 10 Grand street beside yoursel A.
don't know; cant recolect half of their Names don't
keep the house; Mrs Collins keeps the house.
not; you can go there and ask her. 81
@ Does shS pass az your wife A. don't pass her as
my wife; don't know what others do. |
a. DO yon live together man and wifeY |
Mr.. nden objected 10 the question irrelevant Tho
witness also objected answering the question The Cou
O. Did you formerly live in No 81 Domnick street with
Mr. eoiiinsa A. Iboarred there
q Did you pass by the name OF Collins when you lived
thersY A. My name Is fagg; don't pass for anything
else; don't know what other people cali me by.
O. Did you board at No. 2o7 Hudson street with
and no other. 81
O Did you represent yourself as Mr.. CollinsP A. No,
sir, never.
Q. Did you represent yourself as the husband Of Mrs
ColinsY A. ! never have; don't know wia' other
people have rsprosented me a. nay only name Is Richard
O Did you aud Mrs. Collins any time keep house q,
No IL Grand street, for the purpose OF boarding Kept
mistressesS A. don't keep any house; beard.
O. Did she either of you keep such house az have
alluded o9 A. tell you never kept house.
q Did she. keep such houseS A. don't know thai she
did.
Mr. Clinton at the close Of HIS cross examination id
II the counsel on tho other side wish to contradict MIR
20 ahead he Is character well qItaiiucd 10 do IT,
The witness leaving the stand repled--Ny character
as good as yours, will warrant you want 10 talk D
you some time.
TESTIMONY on cArnaRSE srASsBrRy
M 1den called Catharne stansbury, who, being duly
sworn, saidI reside at 10 Grcens-ch avenue; am the
wife OF Vim. H. Siansbury, of the Erpre; knew the late
Harvey BurdeI rented his house 81 Bond street. the
1T Of May, 1851, for Que year, at $500 per anRum tho
writings not signed; they b. have been signed
the next morning at O'clock the morning after Burdei
wa killed. the agreement was fully made Friday after
in the second story bark room; at that house,
Bond street, last November. get some work done;
though, about moving the spring, and In gong ont
Bkcd tho doctor Il he knew anyone who had house 10
lc IN the manner thai he disposed OF bis That Is, 10 be
occupied by small family, with for the person
owning ~ said should Ike ~ take a house that way IN
the spring. What said he, Mrs stansbury for your
self and family said Yes :" be asked How many
are there Of you said We are three In family: he
said ." shall have this house % dispose Of ia the
spring. as DO no, Ike the party In il; IL ynu
will call again. | viii you about IT," | call~l
sgau In the middle OF lIcebcr; he took through the
second Story of the house; hc said this the
house l. avery bad woman and wish ~ gs her OFT, se
ha. rCalh lac 10 tofM MAY eho ui
have remain here ill that time; II she will 70
then by fair means vl put her out by force the cost AMI
o be paid, for cut Of the house she shall co.
when am IN the house she continually throws herself IN
my way do nothing that I am ashamed Of and win b.
watched by no woman" again called in the latter put
III December Tor some dentistry he engaged; be-
came to the door when left and il agreed that
should cal IN few days did not call again l the ih
OF January; when I FIRST went In, I was u-hcred
into the bark parlor; saw a lady there
whom have since learned vas Mrs.. Cunning
ham, when ! went into the Doctors room
ny stairs lac asked II Mrs. Cunningham had been 20
me that she in the back paror; said do no, know
the lady and then asked him he had told her who had
Chr said mad norgh, 70 rent tho house u the first Of
January said 10 her will rent the house when please
shc then wanted to know know who Mrs StlnsOury
and where she lived; would not tell her; she said she
would 60 10 every Sansbury in New York TN she found
the right cne; she has taken papers frm my dcsk she
has kcy 70 every room p my house. when go Out SIC
house cr next year and will not 60 out" issked Has
she, doctor" He said, ono; she will say any
|
she T., for all the mother says the daught
tor sides with, Mrs. San-bury" continued he, "iter
have taken th house Sue 20 you aud want
woDsu IN NJ said, Doctor, she shall not have IT, he
said, she may offer you very high price, A. money $
object a. her 70 long she accompl hos her oecd
said, "Shc shall not have In sa do not Wish
any huardcrs;' Ia remarked that let her have room
h. would disposes 81 the house any cot; he said
she should Dot have in the house she shosid 6er
mt 800 week; replied, That Is The right kind OF talk
lo me lac said, She has don said everything in the
world against me--has written snony lctters about
me: he thinks am old bachelor. worth 100000 and
| IS dctcrmiDes shall marry her and arm determined
1 shall not marry her will nH 1arry her;
''he u going, continued lac, Ito party here sul
she wants my rooms 70 pc opepra sor the corpahy cr
the ladies' W put their honnets ctca SC in Itod her
she could hci Love then without she signed paper re
leasing All Claims " this house, giving UP freely and
| Of her c~n accord On thc 1t Of May, 1851; vi
you, hiS. ssnsbury, am continually watched by I'M.
o6uan-l donf fcc' safe here-when 80 out she > N
my room and when any comes here she e an tho bstf
ron, at the doof, OF the stairs we shvlh 20 on
now we would Ind her at tho door or 81 the stairs lnt
she was ~ The yfars when went out she could hav'
( hoard ~Sry ~ord tho doctor said disencty Ia
spoke N Low, clear voice; very quick and Inv
! spoksa wa 80 call, w az least my husband wa
TO call again " sign the base asked III Burdcll how
!