The Washington union., 1857-08-26
THE cUNNNGHAM CASE pEcIDED

THE CUNNINGHAM CASE DECIDED
We learn from the New York papers that on Monh,
last In the surogates court Of that city, before JUDI
Bradford the court made the following order founded On
a very long written opinion
tIet an order be entered declaring that the claimant
Emma Augusta Cunningham, is not the widow OF the IA
cedent t,urdel and directing letters OF adminktrao
to be issued TO the decedents next of kin giving h
proper security.
We make the following extract from the opinion
This is not case where the proofs have LEFT the mh
of the court In doubt Not only they insufficient
affirm the marriage but in my view they utterly nee
tive and oyerturn it, There is not solitary sign Of that
relation but at every point facts stand out wholly nc
sstent with matrimonial union from the 23d Of 0cO
Der until the decedent was carried to his grave Speed
writing and actionswhicil express more than either
constantly proclaim that the parties were single
We find the decedcnt and the claimant at time IN
ON terms of mutual kindness, attention, and daily inter
course This concord was unbroken until on the one se
jealousy and on the other suspicious of treachey and m
proper dealing gave il blow from which ii never n
covered From that period until the dccease of DR. ln,
dell discover nothing but mutual struggle on ,ls
part of the to eject the woman from the house and
relieve himself from her presence and influence and on
the part of the increasing and persistent deter
mnation not 10 be driven from the strong position se
occupied in the very centre of the house He charges
her with stealing she assails him with actions for sian
der and breach of promise of marriage and then the CON
battants draw Off and the suits discontinued Atuk
point the claimant insists that marriage was eoisuu
mated not through affection, for the absence of that
apparent, but through fear, by intimidatlon--in h
by coercion the deccdent having presented TO him tx
alternatives 10 marry his assailant to face her at
tack and defend the suits But it must be remem
bered that the suits, if continued would have been
likely to affect the plaintiffs character well as the Dc
fendants and the latter might therefore well doubt
whether they would be pressed if he remane
passive. The application Of the doctor for subpola
Mrs. Cunningham on charge of stealing shows that
had no intention of submitting quietly. Finally al
proceedings are abandoned both sides, the items Of lie
compromise are committed TO writing and the settle
ment closed the 23d day OF October five days bN
the alleged nupals. Such important element In lie
! arrangement a compulsory marriage would hardy
have been left by suspicious and yjgant party to
executed subsequently The stpulations OF settlement
between antagonists ordinarily consummated on both
sides simultaneously. Indeed, if a marriage IN.
derstood as a part of this adjustment there would
have been formal adjustment at all the MAJ.
rage itself, uniting the parties together would have
instantaneously given the wife home in her hus
bands house without rent charge would by isl
necessary effect have bloted out all of action and
rendered useless and futile all arguments and all releases
The whole process of determining these controyers
them raises the strongest presumption against even vol
untary marriage intended shortly to be soemnzed and
utterly repugnant to compulsory marriage insisted upon
of the terms Of the settlement Let us look mo-
ment at some of the facts. The decedcnt had, in the
return after the alleged marIiage He had spoken II
Mrs. Cunningham as an artful and dangerous woman
Did he desst from such representations to his conh
tal friends after the alleged marriage Was it his vie
he thus characterized and abused in the most bitter and
! venomous terms-a woman whom he had taken b his
bed and whom he expected TO recognise in few months
before the world by his name and the partner Of his
station and wealth Was proposed wife who took
lease of the house in the agreement of Oct 23d VAST
proposed wife whom he desired to sign the nexecutod
pf ffa pIlth M
it his wife with whom he dealing the lith Of No
vember when he drew his check to the order OF H. A.
Cunningham, and she endorsed it In that name, and
when by the and ON the same day, she as,
signed TO him the Burde judgment, and the 10th Of
November appeared before commissioner and acknou.
edged the instrument, Mr. Thayer, the counsel swearing
to her identity Emma A. Cunningham r Was it
his wife the decedent described in his affidavit sworn the
24th day OF November, and found in Mr. Eckcls poses
sion, rs ''Mrs. H. A. Cunningham ~ Was 1t his vie
who nc feared would the suits in January and who
signed the release Of January in the name E A. Gun
ningham " Again, he about letting for the ensuing
year the portion of No 81 Bond street not occupied
himself, reservng some apartments for his As
early June he had begun the struggle to be free S
by step may be traced the progress of his efforts to re-
move the claimant and finally when, after Of VIC
lence Saturday, January "a, he procured writa
agreement to surrender the premises on the LIST OF May
he proceeded to conslmmate the long pending negotf
ton with Mrs Stansbury and the afternoon Of Fida
30th announced the papers ready for signature the ne
day. These acts not TO be mistaken his purpcs
understood by her, declared by him. Were thee
two persons standing at this point OF antagonism hu
band and wife We're they mutually conscious OF a
lawful marriages Here woman Of energy and de-
termination supposed to he equal to the task Of forcing
him into compulsory wedlock--aIleged to lie then hold
ing in her hands the fruits Of that bold project invested
with right of dover in his estate title to abide in hh
homc and receive maintenance and supportablc at any
moment to proclaim her rights to the public and endr
them before tribunals of Justice and her alleged husband
was on the of signing instrument which In few
months would eject her and her family and inroducs
Others in their stead That little paper signed by The
Rev Mr. Marvin the certificate of marriage If tcehea
the truth, wis potent argument against the contcn
plated deed but not sound heard, and The name
of wife passed her lips until death arrested the e
summation of the act and she declared herself the widow
of the deceased Under such startling and cxtaordina
circumstances il is impossible to believe that these plue
thus for the space of three months dealing acting WIN
and treating each other both holding themselves 70 The
world single and each toward the other behaving in
totally inconsistent with the marital relation
man and wife. We must treat such case, in tlr
conclusions draw, according to tho ordinary course
human nature Conduct improbable, unreasonable, ar
surd and inexpeable in view Of one relation but naa
ral reasonable probable and explicable in view Of ano'
relation possesses overwhelming power in deterI
ing the relation and in deciding between truth and false
hood series of circumstances such In ProyidaS
has been developed in this case showing at every s
and link a connected and harmonious chain of evdna
against this pretended marriage, cannot be fabricated
is the result OF natural process II strikes the mind @
irresistible force and leads to entire satisfaction and con
victon that the decedent unmarried at the time
came to his unhappy death
+ EXAMINATION OF SrEpHEs BRossoy JR HELD DG
FAULT OF $4,000 BArr.--The examination OF StephE
Bronson, jr. the delinquent bank cashier took place so
terday afternoon before Justice Miilkn The prseui
attorney, Charles Haven, esq, was assisted by y
Ira,,,, N1afl