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

ia AID doing basnss in the Village OF OVesa fosi C5lnty
nsy In and r County Tga dePonent lEsT SAYS that
L, acquainted With HAieheai hyde Of Ialosai1
Ass that tic mu1ar q d. Harvey ButteA q 40 u
with Abrsm HYDE brother Of sad - L reg
I've to Al ehsa1 an: q Soss'.st O. II-5s x -5 NJ.
instant said A Hyde has bsea willing - converse with
Opponent upon ihe subject Of 'A{ arat and .~'.
Appeared TO L. wiins 20 d~'." Ny iAorn'.n "l'e le
p..sed relative 20 aid eugascneui tAt soui~ time IN -o-
rusy ist sid lily IN company ~n h. 9rthe pro s~
joseph B. uphsin % tae ohce Of 'Hls t's'n'ts, -. ~
d.Poneut several litter. which purPrted 10 - tom " :,
Hyd. Of California in OF which according o. d,gnent'
beet recollection aud belief there rtrrcuce o. INNS =
Curnin CHAM that --pou.ut then uSrur by All uyle
Whether any ,ugse~uent OF marriage lid ext e
sid W Hyde and Mrs Cunningham that shut the
answer to tn. and Hyde. letter hsd beea yed u
vhch .lid W c Hyde distinctly stated that an enssseeni Of
upon the eeipt Of the sad inform a;ion tePne' wrote
70 : J. TLcen thavne personal corr P2ltsnes VIA e.
re irieDGs o. " C. Hyde in which he fact .uch
vas positively asserted TIA. soon a;.er the w5tcs
said letter he received Cta,s Edwards and aS fon
from "a, fInd. ii aid W { HyGc would enable them
pon,p; soon atcr said A = HYDE AID Informed BY
bu Ia; he Lad received line from M Tdrn through g. o.
Charof Way,rey and intended 20 ud % Nj rGden al The
b.sS ro more 4 aid matter. until the uoruus OF IL 18th
mt When he rrceiy. another from .Ad Teu and Ed
wsIds requesting Opponent 20 1esin the ahJayn Of I'D
Hyde that hr had received letter from as eother I
Hyd, that such engagement between himself and
Mr. Cuuupghsm did exist and .l.o il possibe TO scnd ne
letter. # ssd Hyde, with the AFFIDAVIT OF sald A. = hyas
attached, thai the ,'er' IN hr hand wrss 81 a. aid
" Hyde thar depoueut soon sitter saw sad hyde ~
The village - Owtgo ana informed nun that NJ aseu .,u =.
dsy from him and also wished hin o. send the letters 20
New that said HYDE then pretended ina, BE ha not the
Letters of sad W Hyde uh hum hat were IA -'aSY
10 miles distant from OWoso asd when depens expressed
yde refused 20 allow the letters n 20 ONT 81 his po'.e
that Hyde talked with tePonen about tue contents
# aid letter. aud admitted that he had letter from w G
Hyde in which said hyde positively ss','S tne eAeuSeo
contrsct Il marriage hetweu LH:et and Mr. CunrHsaAn
anu that be had expected 10 be married to Mrs Cunnnshau On
lis return T. N.wioIk that s.d HYDE rru' 20 NnIt 'Su
letter. and finally refused 70 make any affidavit SAYING that he
wanted time .onsder whether h. lad better make an .iia
Wit pom tie itect that during SAID nteyie~ WIN 80
which continued than one hour sad tyde ,a .
heir, Burdr would disclose TO you great secret mat
aid ydc denied having any person or persons ir New
bs D.rorr, turtle s,vs thar from information which he
lad received from the resves said 4 r. Hyde, he
FAMED that said interview took place with him The 18th inst
~ ,6en unused tit aid ayae was coudiug with persons
acting or behalf Of M Cunningham 20 deprive the heirs
# Dr. Burce of the in bis possession from w C.
and thereby prevent them from obtaining Commission
tn, in since received hs
Ills dcpou,ut h. confirmed that information and that
aid F. Hyde j. induced to withhold sad letter: and the IA
formation which he Is possessed Of by promises OF money I" be
aid ". c. Hyde upon commission aud depouen verify pc
h.yes from Information rGce'ed OS 1ePon"h'; tnft
disclosed u d,poneut but for the fact that depouen,
the employ Of the counsel for the he Of Dr burde
that he the sad A. Hyde had been offered large sum
of money withhold the information which he possessed Gnd
thereby prevent examination OF laid W C. HYDE that 70
orIion that eviacnce II said " fiydc would
defeat arr icatou Mrs Cunningham for letters Of al
blcyrs that aid Hydc had the letters Of aid " C.
% with him AZ The ,nS Of the interview when said HYDE
prtterded that they az WavcTey. Il. +. TRACY.
Sworn and subscribed 70 the 9Th day Of May. 1857
Before me, L. w. KINGMAN Clerk Tiogi County
Mr.. Stafford in rebuttal read the affidavit of A. f.
Hyde; he swears that he never supposed that Mrs.
Cunningham was engaged to his brother, w. e.
HYDE; that his brother had been absent from this
State for ~ years that the family at one time im-
agiued that marriage might take place between
them, ss they acquainted previous to the
former marriage Of Mrs. Cunningham they hoped
that BY her encouraging lis addresses he might be
induced to return to New-York but that Locada
HYDE said that would he impossible, a. Mrs. Cunning
ham, had told her she was about to be married to
dentist in Bond street. AR. Jos. Il. Upham had him.
self written a contradiction of the report that his
brother-n-law Mr.. Hyde, was engaged to Mrs. Cum
nnghan, and published it in an Owego paper tae
phrase in the letter from W. {. Hyde in reference to
the murder was: " l thank God, am free from that
crowd and he made other remarks stating slat he
believed Mn. Cunningham guilty of the murder. De-
ponen further states that no peculiarly offer whatever
was made to him to aid Mrs. Burdell but on the con-
trary he had been much annoyed by applications from
people engaged IA he believed, by the family of Bur-
dls heirs to 90 all he could against her. Deponcnt
further stated that he believed his father intmi
cated into making the affidavit he had sworn to, and
that Tracy, the Distrct-Attoney, had also intmldaed
depon.nt order get the letters into his possesson
that he declined to give up the letters be had received
from w. c. Hyde, they contained political and busi
matters relating 10 ms proceedings in Sonora and
Mexico, and he left TOga in consequence he denied
having ever been promised money, or expected any,
nor did he know Of his sister having been promised
any such thing; he made the affidavit act Of JUS
tice to Mrs. Burdei.
The next affidavit from Catharne Wits, who
deposed that she was with Locada Hyde when they
went to see William Hyde at Owego; Locada asked
Upham and Mrs. Hyde they had not heard that Mrs.
{. was To be married to a dentist 10 Bond street, to
which they assented, and Locada asked why then
they made such reports against her. saying also that
she would give $500 herself not to have the family
mixed up in it.
The afiidavits of Locada Hyde, Fanny Toby Chas
c. Toby and Francis +. Hyde were conoboratve.
The last affidavit read was that Of
Emma Augusta Burdell who denies having promised
any money to A. +. Hyde says that she had letters
from W. c. Hyde, but they were taken from her at
the tine of the Coroner Inquest, and have been re-
tanned or destroyed but she is positive that they con-
tanned 10 declarations Of l)ve and she received and
wrote none but what Dr. Burdell read.
TIE Surrogate said he would not decide at present.
Samuel Earle was then sworn on the part of tho
contestants, He said have been eleven years
lawyer of Herkimer Village; have been acquainted
with DR.. Burdell-quite Familiarity for the last six
wears DR.. Burdell owned real estate and had money
Oh mortgage in HerkiIner; ibink saw him as often
a. he came | saw him in Herkimer about the 18th OF
AUGUST last Summer: he came to receive rents and
collect some money upon mortgages raised the
money on the mortgage by assigning IL; he received
four notes for IT, payable one on the Isl Of January
D IL. .tL.rs tLl LIZ II MarnL lat.