The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-04
THE BURDELl ESrA1k ~
Who Shall Have the Props ~ Nkses~oU
ss0n B& fore the surroxsto-sNn.oo - <
Commission 70 CALIFORNIA; lnsuse.tSao 49,
davits 20 Prior Eng cement" " Mrss
CunbiDgham's.
pafore Hon W Bradford SuryoOsta
;. Bradford, Surrogate.

Commission 70 CALIFORNIA; 0s use.t1ND A.
davtts as 20 Prior Eng sgs nsent" " Mrss
CunDiDghams.
Before Hon. A. ". Bradford, Surrogate.
WEDNESDAY, June s, 1857.
The public interest felt In question, Mrs.
Cunningham not married to Dr. Bardel added
to the strong personal of the many fur
his property, caused the surrogates Court nop-
veAienty crowded yesterday when the investigation wa
resumed
Nrs Cunningham (surdel present, alfred In deep
mourning. Her veil no, removed during the pro-
ceedings
AN ALLR6ED " PRIOR ENGAGEMENT"
Mr.. Edw ards osred several afadavits which 70
found motion for ordering commission to California,
examine wbisehs all c. Hyde in relation to an al.
legged engagement OF marriage between him and xrs.
Cunning ham, while she resided At No 81 Bond street
Mrs. Cunninghams counsel ob;ecied the aiavis,
the ground that they before . competent
ofbc.r
Thesurroga,c the objection when Mr. Edwards
proceeded 10 read the following afhdaviu -
AFFIDAVIT or WILLIAM HYDE
Tyaqa County, IS William Hyde Of the village OF Owego,
In PAID county, being duly sworn deposes aud thss
he the father Of hitebead Hya' q" Calf mnia of
Abram r. Hyde, Of Owego; thai Whitehead c. Hyde has
for twelve years lat resdei the r-ua
lie Of Mexico and the State Of CALIFORNIA; that for the last
years said W. C. HYDE has freqnen, written To
member of deponents family, that ths most OF tho
letters received from said W. Hyde deponept has
family have received letters from said r. de a. OMEN
month"; that said letters have been written " A.
f. hyde. Martha Hall, the daughter OF depossnt, and
Jo eph B. Upbap naw OF oepoDeDt, hat mostly ~
A. +. hyde. Deponent further ssys, that 10 letter re-
ceived By said AbramF Hyde from W Byde
Than year ago. said W. q Hyde spoke o. having re-
solved q letter from old female freod OF his Mrs.
Emma Cunningham and stated that the was boarding
at No 81 Bond street, New York, and requested A. r.
Hy dc cali upon her at that lace thai nearly every
letter received from said w. e. Hy de the Ieter
above mepioued said W. C. Hyde has sposen OF Mrs.
Cunnt ham. mi a.
ters from her; that In 10 YER received BY saad A. y
Hyde from said W Hyde, IN The fall Of 1855, said W.
g. Hy stated that Mrs Cunningham intending
Wet, and would call upon dep,ueuts ami
iy her West that deponen is not acquainted with
any member OF depopenIs family acquainted with
her, has any member thereof Except A. &. Hyde,
who as depons Informed believes, had seen
her al Locada Hydes, In Brook NJ, said Emma
A Cunningham TO deponents sno~ledee. DeIopeni fur
Their says that from the frequent an hons OF said w. o.
HYDE 10 Mrs En- ia A. Cunningham In biz ettsrs said
A. +. Hyde, and from the manner In which ne spoke u
Ieeads Hyde' an aunt Of w. HYDE residing in Broos
bn, Kings coufy, ". Y, who Is, ~ deponent Ia
informed and believes, an aoquantancs and an intimate
fIjepd Of Mrs Emma A. Cunningham this deponeUt and
hts family induced " believe, and dad believe pre-
the murder Of Harvey Bardr Of 81 bond street.,
that engagement or contract Of marriage existed bo
e~eo1 SAID " G. hyde and SAID Emma A. Cunningham
that the existence Of such eGg1zsS. Fsas csn mo
subject Of conversation deponeuis y. previous
the murder of ad Burdei Dcponent further says thas
be vhited sad Locada Hyde at her house BROOKLYN In
the ia or hrsi OF Dece ss6 and thsa inc Existence
W. O. Hyde and Mrs Emma A. Cunningham was the SUD-
ject Of conversation between this cepoDent and M Lo-
cada Hyoe, and that during said sbop said sadA
Hyde declared to this de poneDt that w. Hy de should
never marry Mrs. Cunningham II sne could prevent H.
that. after the death Of Harvey Bur,eI. A. r Hyde
role ssid W. C. Hyde To ascertain whether engage
Hyde and Mrs Cunningham, and thai sepoaen, has
and heard read the answer OF said Hsde " sad
leur OF A. r. Hyde and thai In said letter said w. C.
Hyde rays in substance engagement
rage did exist, and shch be was txpcctng " oonsum
sunday morning, the g4sh day Of Nav mt Lccsda Hyde
came In company With lady who, she sali MN.
wills, and who resides a. aeponnnt informed and be-
Beves the city Of New York. ~ the house OF this dep
in the village Of Owego thyt they informed de-
popent they arrived in owego sunday At O'Clock A.
York Monday, about O'clock A. N that, dapooept
informed and believes they and bad interview
coming 70 Of depnent and upu hts own
ledge he that he and had another interview with
said A. y. Hyde al deponenis house. Of
the said 2th inst, that all of The kuers from Hyde
TO said A. D. hyde werc read by said r. Hyde Ia tbe
presence this depopcnt and also in presence and
hearing Of sad II, de Mrs. Wits that during
the ~ deponents house tho sd 2tb last
Mrs Locada Hyde sAd in the presence ami hearing his
deponsnt that II Yrs Cunningh seedea get ana.
| the property Of pr. B,rdet, she, Mrs. LcadA
| Hyde, was 10 receive Ave thousand dollars Depo-
| csds hyde ana Mr.. wins ina, Mr. 0.nn,ashaa,
started With them TO sego The I'd inst, aad
return to Nsw Ysrk Depoaen, iarineS ;sys thai be =
informed by the wife Of A. r. Hyde, and beheses oe
q.
10 0wego from New York Tuesday morning. the 2osh
int TIRE o'clock A. n hat she the house al
ssd y hyde early on Tuesday morning, ami inquired
for said Hyde; and thai being med bat said
| Hyoc IN the village OF wsyercy cf Ter waveriey
Zoe tho purpose Of scins said HYDE the afsrncoa OF
the same day said Hyde returned 10 Dxeso and noraet
| bis wife thai he ~N going 70 tbs city OF New York, In
company with the said Mrs wils, oeposenl believes
that said A. g. Hyde In the city OF Ne~ York. hay-
tug gone the Afternoon Of D-tsni
psny with the lady who called herself Mrs. Wits at depo-
| : WILLIAM HYpe, fhis mark
y Sworn and subnsed This 27h day Of Mag, 1851. l. W.
knenAs, Clerk.
l. J seph r. upham, OF said county, being duly sworn,
| dcpocs and says thai he Is the n-las 81 william
!. Hyse q said village, ana Of ". 9 HYDE, Of oaA-
forns: that dcropcnt has never W. G Hyde, but
which ims dcTooeni has received from said de ihrce
leu and has and read al u the iers which ho
.mses Of the nsS for three years la.i pssi hat IA
this way deponcnt has become acquainted with and
hnovs the haodwrinpg o. snd We Hyde tha, curias
from W. G. Hyde fom sx 70 ten letters, ~hch said lot
ters said A. Hyde had in his possession Tho 18th IN
oveso: thai in . erer -hich the said A. y Hyde
ccived from said W. HYDE sbou, year ago, ~hioh
this oeponeo ,s~ aud read, said W G. spose OF having
received letter from a Mrs. Emma A. Cunningham. Of
No 81 Bond street. requested said A. v. Hyde, vben
ssd W G hyde Tor he last year has Omen referred v
Ms Cunningham In his letters 10 sad \. hyde, and
bey and from what the family Of deponen earns frcu,
Mrs Iocada HYDE In Brooky deroucnt and tho family
friends Of ssd W. G Hyde we're induced 10 believe and
did believe thai engagement contract ~ marriage
existed between ssid ". G. HYDE and Mrs Emma A. Gun
nrgbam and ana, the extence &c such engage nsDt
often the subject 81 oonversa,n With deponcnt and
his family previous to the deah of Harvey Brde tas
In letter from w. G. Hyde sad Hyde stated thai he M
tented 20 10 the state Of New York the fai 6
1855, but that In subsequent letter he Informed tbcm
hsi bis bosioess such that he could before
the sprns % 1897 thai about The 18th day ~ ne
cember sst sad A. " hyde wrote N aid W G. Hyde THAI
depopen, the letter within written and depossei
the Poet Office In o. weeo, directed 70 W. G. Hyde; Caifr-
ris. which said letter supposed would leave New
Yort steamer Cor California about the 9ph ,f
December last that IN febs uary March said r. HYDE
received snewer from ". q. Hyde 10 said leter
written by him the 18th day q December sprs aid
IN which ssid W. G. Hyde states W said r. ayde anf
which said letter depoucnt has and read that when
one from "nrs. Emma A. CUNNINGHAM" Deroseut far-
ther thai amer uyder Harvey Boys depo-