New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-04
THE BURDELL MARRIAGE
Was Mrs. Cunningham his Wife,
PROCEEDINGS IN THE sURRoGATEs COURT
TESTIMONY OF THE CLERGYAIAN.

n.
their claims upon the Public Administrator nas been
introduced 70 the Surrogate Court, where u VIII meet
with that attention which it, importance deserves.
Yesterday morning al 10 clock A. W. Bradford
the Surrogate after some irfoms conversation with
several of the leading gentlemen representing the psI-
ties interested il this case, proceeded to bus'ness oy
a,kiog for the names Of counsel who were present on
both aides aud the parties they respectively repre-
sen;ed. which were a. follows:
Mtssrs H. L. Clinton, b. C. Thayer and William
r. Stafford for the widow Of Dr. Harvey Bnrdeni
M Charles Edwards for the children OF John BurdeI'
deceased; Messrs. Tldeu & Paterson for William
Bu,den; Mr. Gardner FOR Lew, Blrdel; M Tiden
for Mrs Bulem, half-sij Of deceased.
A, II O'Clock the procee iings commenced.
Mr. TIden-W hst is the nature OF your Homer en-
gAs ernent for rome time 10 come ana 70 Whst 'ime
v IN YOU ooably adjourn There some points Of
view 10 hi h in my judgment, II sill De desirable nor
10 enter upon ths tIisl this morning. am IN oauy
expectation Of testimony from the country eoas
from quite distance which Will be esseDtla 70 eIoIe
me 10 cross examine some Of the principal WITNESSES
who vii probably be produced upon this dsy 4. 10
very likely that conflict OF opinion or conNenien.e
vii siise between because they may not propose
examine a. the outset those particular Witnesses
make This quiIy however, IN . der to know a, a'
- possible, bow we stand. There is testimony eA
recied fom era places IN The Interior esch oil tne
he te-t we cond 10 get i, here by this time but 10 day
II has ret cone and should ieei unable u cross ex
emine Of the principal Witnesses upon the oIhei
tide without the aid OF the iaots eApe led = De oeVe
on. ron those sources ] wish 70 consult your Hon
or convenience and the convenience OF the cosnse
on the Other side so state very frankly at the outset
The exac; condition in which the thing stands.
Nj Clinten-I would prefer, in making COM
mepcement TO 20 on and think the pIocet iings TO-
day will not conflict with bs wlshes in that particular
II he has reference 10 the witness whom suppose he
baa have no objection TO defer the examination.
Mr.. Tilden-My remark applies in part to Miss Au-
gusta Cunningham.
Mr.. ClintoL-Then will not call her until subse
quent day
Mr.. Tilden- Whom do you propose to examine this
Nj. Clnon-The first witness calcd will be the Rev.
Mr.. Tlden-How long docs your Honor propose
10 sit
ably.
Mr. Clin0n-I am disposed 10 oblge Mr.. Tilden.
prefer making commencement tbs morning, but II ne
makes motion for aoiou. nment, he will certainly
meet with no objection from our side.
Mr.. EdwaTds-I supposed, your Honor, that fhe
usual hour for adjournment was o'clock.
Mr.. Tilden--I don't think should be able to attend
afteI g.
Mr. Edward have one suggestion to make before
Mr. Clinton opens. | know you Honor is supposed to
know nOth of this csse. would suggest that, as II
will turn ont remarkable one md OF such grave
character il will fairly require that 20 witnesses at
time should not be in the room. / am qulte willing
that that rule should be applied to my witnesses, and
ask that It he applied 10 all and would ask that Mr.
Clinton in bis opening shall make that opening IN the
sbseDce of all Witnesses Your Honor will very well
uDoertaDd how psties who are TO give testimony can
gather II, III the opening of the counsel or from the
statements of the couD-el what is importeDt would
ask snd hive 10 doubt that Mr. Clinton will consent,
that Witnesses should be out of the room.
MIR Cliufon-l am willing. II your Honor plea.es,
1, & IN all
client and 10 mysef that have at last arrived IN
Ccu1i where sha be protected IN our nghts where
the ues Of aw will be enforced AID where the rules oil
deceucy Will no, be outrs ged do not deem II ne ces'
s,rv 10 make any extended Opening in this 10 your
IIouor l. were 10 attempt to aos"er the caluhmts
witu which the community have been inundated III re-
CORD to NY client neither thus day, nor tins week,
We ulo be sufficient fJ that purp &C. shall therefore
epd.ayor 10 contne myself strictly to the issue now
raised in this Court 10 wit: whether my client AT ne
time of the death of Harvey Bnrdell vas bis aFtul
wife. That she was married 10 BIN on tne @c,h dsy of
October last thick will De demonstrate d 10 'ur Hon
or-to the satisfaction not OILY OF your Honor aad OF
the ef tire community but the Satisfaction, believe,
of nv learned opponents think II viii be proved 80
clearly that alter this sna have been ended
thew will give up all idea of maintaining or attempting
10 maintain thar my client IL not the lawful wife OF
Harvey Burdel 1t is true. Sir, that that IN rriage
vas 90 be- Kept secret until given time from The
world, and ss far as any testimony YET mas gone De-
lieye nv client did keep it secret. DIR. Burde,
the contrary not entirely particular TO keep II
secret ss sle was. On more than ore occasion he adj
pitted the fact those in his confidence First in the
order of proof We shall introduce the cergyn who
married these parties, and say here that think his
testimony will forever settle that question. am aware
Sir under what circumstances on former occasion he
was called with view to testify whether or not on the
day have specified he married these partlee Rumors
Al that time were rife that fraud had been practiced
moon him. that somebody else had personated Dr. Bur
dell He went to testify with his mind TO a certain
extent preoccupied by those Impressions Ii repre-
- 4
sen:ed that John Eckei hsd represented Ut. bufde
O. at least at that time did no. see, MI Eckei As
am told, he given to understand That MIR. Eckel
bore strong resemblance to Dr. Burdell-such re-
markabe resemblance that he might very readily be
u,i,tabe an for him. Under these circumstances, Mr..
Marvin was called witness. He was taken iato
the room containing the corpse OF DIR. Buidell. He
was take there by the Coroner. other pa ties being,
believe excluded from the room. DR. Burdes corpse,
whether for the purpose of decevng for what pur-
pose will not now cay, was dressed somewhat differ
eny so as make his appearance different from Whist
il ives when be was living tor example, II is well
kroxn 10 his scauaintSLces that he usually wore his
collar Turned over; the corr dressed with very
HIGH stsnd-up collar coming forward, 10 in some
respects bis appearance Inc lace OF the corpse
some what bruised the appearance Oi cOurse very
much changed from that OF the living person. Mr..
Marvin saw the corpse. He was then asked WHISTLER
that was the party whom he married on the 18th Of
October last. He old not then, not having seen Mr..
Eckel with bis mind preoccuped with the impressions
have stated be did not then give positive opinion
upon that subject; but, like careful en-cientous,
accurate man be is be wished to reflect upon the
nstter-to rehec Carefully and above al before ex.
pressing positive opinion, be desired to see the other
pn,riy 10 whom have alluded. He ws tnen asked
whether the corpse that be had Wa the corpse OF
the person whom he had married he stated that there
were ST. ong points VI resemble nce Out whether il
that person OF not he did not then express an opinion
Mis-. Bu. dell was subsequently brought INTO the room
for his Identification and at fist ne failed utterly TO
recognize her as the party he married he recognized
patty but afterward seeing her aud the daughter
with her ore or both OF them being dressed pretty
thsfn in h.